Kundan Kumar @ Kundan Sahni @ Kundan Kumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54302 of 2023 Arising Out of PS. Case No.-834 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== Kundan Kumar @ Kundan Sahni @ Kundan Kumar Sahni S/O Munna Sahni @ Munna Prasad R/O Village- Nisarpura, Lakh, Ps. Naubatpur, Dist. Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoranjan Kumar For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 302, 34 of the Indian Penal Code.
It is case of commission of murder of the informant's son namely Amarjeet Kumar by the accused persons. It is submitted by learned counsel for the petitioner that the petitioner is innocent and committed no offence. The petitioner is not named in the F.I.R. He has falsely been implicated in the present case. His name has been transpired on the basis of confessional statement of F.I.R. named accused Kanhai Verma before the police which has got no evidentiary
Patna High Court CR. MISC. No.54302 of 2023(2) dt.25-08-2023 2/2 value in the eye of law. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 17.07.2023 passed in Cr. Misc. No.32114 of 2023. It is also submitted that petitioner is languishing in judicial custody since 31.01.2023.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Naubatpur P.S. Case No.834 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Danapur, Patna. (Sunil Kumar Panwar, J) lata/- U T