Kunal Kumar @ Kunal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46819 of 2018 Arising Out of PS.Case No. -165 Year- 2017 Thana -SARSI District- PURNIA ====================================================== Kunal Kumar @ Kunal Yadav Son of Bimal Yadav resident of Panjar Kaha, P.S Narpatganj, District Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh, Adv. For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Sarsi P.S. Case No. 165/2017, registered for the offences punishable under Sections 363, 379, 420 and 120(a) of the Indian Penal Code. Allegation is that truck and container of the informant by which 600 bags of black pepper was transported to Nepal was found missing. The truck was found parked by the side of the road. The container was empty and driver was also not present there.

It has been submitted that nothing has been recovered from possession of the petitioner. The petitioner has no criminal antecedent. The name of the petitioner figured in the case on the basis of confessional statement of the co-accused. Considering the facts aforesaid, the petitioner above-

Patna High Court Cr.Misc. No.46819 of 2018 (3) dt.10-09-2018 2/2 named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Purnea in connection with Sarsi P.S. Case No. 165/2017, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T