Kundan Kumar @ Kundan Kunwar @ Kundan Kuwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3338 of 2024 Arising Out of PS. Case No.-104 Year-2023 Thana- BALIYA District- Begusarai ====================================================== Kundan Kumar @ Kundan Kunwar @ Kundan Kuwar Son Of Hari Kuamr @ Hari Kunwar @ Hari Kuwa R/V- Bhawanandpur, Ward No. 01, P.S.- Ballia, Distt.- Begusarai ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Pawan Paswan Son Of Late Bachhi Paswan Resident Of Bhagwandpur, Ward No. 01, P.O.- Masudanpur, P.S.- Balia, Distt.- Begusarai-851211 ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Shama Sinha For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-08-2025 Despite filing Vakalatnama, none appears on behalf of the respondent no. 2.
2. Heard learned counsel for the appellant and learned Spl. Public Prosecutor for the State.
3. Earlier also, the appellant's prayer for suspension of sentence and grant of bail was rejected vide order dated 04.01.2024 passed in Cr. Appeal (SJ) NO. 4614 of 2023.
4. Vide order dated 20.07.2024, a report regarding stage of the trial was called for which reveals that out of eight charge-sheeted witnesses, six witnesses have been examined and only Investigating Officer and Medical Officer are still awaiting their examination.
Patna High Court CR. APP (SJ) No.3338 of 2024(4) dt.05-08-2025 2/2
5. Learned counsel for the appellant submits that none of the examined witnesses have supported the prosecution case and P.W. 5, who is informant of the case, has also been examined and he has stated that till date he could not identify as to who shot his wife dead. Appellant is in custody since 09.05.2023. Hence, appellant prays for suspension of sentence and be released on bail during pendency of this appeal.
6. Considering the deposition of witnesses as well as period of custody, during pendency of this appeal, the sentence, imposed by the learned Trial Court, is suspended and the appellant is directed to be released on bail on furnishing bailbond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Judge, SC/ST (POA) Act, Begusarai in connection with Ballia P.S. Case No. 104 of 2023.
(Prabhat Kumar Singh, J) Navya/- U T