Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48488 of 2022 Arising Out of PS. Case No.-418 Year-2021 Thana- LAHERIMUHALLA District- Nalanda ====================================================== KUNAL KUMAR Son of Late Sagar Singh @ Jhotu Singh R/V- Ghosrawan, P.S- Giriyak, Dist- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 365, 326 and 307 read with 34 of the Indian Penal Code and 27 of the Arms Act. As per the prosecution case, the informant's brother Kundan Kumar who works in Chola Mandalam Finance Company went to the market in the evening but did not return back and his mobile phone was found to be switched off. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.48488 of 2022(2) dt.08-12-2022 2/2 the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the victim in his statement recorded under section 164 of the Cr.P.C. has not stated the name of the petitioner in the crime alleged. The petitioner is not named in the F.I.R. and the name of the petitioner has sprung up in the confessional statement of co-accused Parasmani. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 22.02.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bihar Sharif at Nalanda in connection with Laheri muhalla P.S. Case No. 418 of 2021. The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T