Kundan Kumar @ Kundan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48548 of 2019 Arising Out of PS. Case No.-263 Year-2018 Thana- KASIMBAZAR District- Munger ====================================================== KUNDAN KUMAR @ KUNDAN KUMAR YADAV, aged about 25 years, Male, Son of Late Ganesh Yadav @ Ganesh Prasad Yadav, Resident of Village-Hasanganj, P.S-Kashim Bazar, District-Munger ... Petitioner

Versus

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

For the Petitioner :

Mr. Jyoti Ranjan Jha, Adv.

For the Opposite Party :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Kasim Bazar P.S. Case No. 263 of 2018 for the offences alleged under Sections 457 and 380 of the Indian Penal Code. The accusation is that the informant, Akhilesh Kumar Yadav, had gone to attend the marriage ceremony of his maternal brother handing over the key of the house to his nephew, Kundan Kumar @ Kundan Kumar Yadav (petitioner). When he returned early morning of 16.12.2018, found that the lock of the main gate is broken. When he entered into the house, found both the locks of Godrej almirah broken and the articles were scattered. The ornaments of his mother and wife, worth Rs.20,00,000/-, were found missing.

Patna High Court CR. MISC. No.48548 of 2019(2) dt.05-08-2019 2/2 Learned counsel appearing for the petitioner submits that on the basis of the first information report of the informant, the uncle of the petitioner, present case was instituted on 16.12.2018 and in course of investigation the name of the petitioner has surfaced mere on suspicion. The house of the petitioner was searched, but, nothing was recovered. Petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Kasim Bazar P.S. Case No. 263 of 2018 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T