Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62892 of 2021 Arising Out of PS. Case No.-233 Year-2021 Thana- BARH District- Patna ====================================================== 1.

KUNDAN KUMAR S/o Dinesh Yadav Resident of Village- Harudiyara, P.S.- Kasim Bazar, District- Munger.

2.

Karan Kumar S/o Ganesh Prasad Yadav Resident of Village- Harudiyara, P.S.- Kasim Bazar, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-04-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in a case registered for the offences punishable under Sections 379 and 414 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are in custody since 15.06.2021, charge-sheet has been submitted in the case and has antecedent of five cases as mentioned in the supplementary affidavit.

Learned counsel for the petitioners submits that the informant alleges that during checking petitioners were arrested and disclosed that they have kept four motorcycles for sale at

Patna High Court CR. MISC. No.62892 of 2021(3) dt.18-04-2022 2/3 Barh Railway Station, accordingly on disclosure made by the petitioners, the informant reached the place of occurrence and recovered four stolen motorcycles.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case, it was only after recovery of the motorcycle that the petitioner was arrested and he was made an accused in all the cases mentioned at paragraph '3' of the supplementary affidavit. It is further submitted that prior to 15.06.2021, the petitioners were persons with clean antecedent. Learned A.P.P. for the State opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody since 15.06.2021, charge-sheet has been submitted in the case and taking into consideration the submissions made by the learned counsel for the petitioners, let the petitioners above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barh P.S. Case No. 233 of 2021 with a condition that one of the bailors of the petitioners shall be the respective fathers of

Patna High Court CR. MISC. No.62892 of 2021(3) dt.18-04-2022 3/3 the petitioners, namely, Dinesh Yadav for petitioner no.1 and Ganesh Prasad Yadav for petitioner no.2. The petitioners shall be released after framing of charge.

Learned counsel for the petitioners seeks permission to rectify the cause title of the bail application as it is submitted that the petitioners are resident of District-Munger but in the cause title portion of the bail application, the same has been typed as Patna.

Permission is accorded.

(Satyavrat Verma, J) Rishi/- U T