Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49243 of 2025 Arising Out of PS. Case No.-324 Year-2024 Thana- BHAGWANPUR District- Vaishali ====================================================== Kundan Kumar S/o- Umesh Singh Resident of Village-Janardhanpur, P.S. Fatua, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar, Advocate For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 324 of 2024 instituted for the offences under Sections 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3.
Prosecution case, in short, is that four unknown miscreants looted a truck which was loaded with TMT bars. 4.
Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during course of investigation. No incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.49243 of 2025(2) dt.18-07-2025 2/2 possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted truck or the TMT bars. Petitioner was not even put on T.I. Parade. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.01.2025 and has one criminal antecedent. Police after completion of investigation has submitted charge sheet in this case. Other co-accused has been enlarged on bail by this Court vide order dated 17-03-2025, passed in Cr. Misc. No. 14433 of 2025.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhagwanpur P.S. Case No. 324 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T