Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52917 of 2022 Arising Out of PS. Case No.-81 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== KUNDAN KUMAR Son of Pramod Sahni Resident of Village - Dayanatpur, P.S.- Bibhutipur, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Kumar For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-03-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Khodawanpur P.S. Case No. 81 of 2022, registered for the offences punishable under Sections 395, 397, 307, 326/34 of the Indian Penal Code and 27 of Arms Act.

As per FIR, the informant was working in a jewellery shop, named as Sonu Jewellars. When he was returning to his house, along with Md. Asif Raja, some miscreants took his bike. They fired shot at Asif Raja and snatched the jewellery items worth Rs. 2.5 lacs from their possession.

Patna High Court CR. MISC. No.52917 of 2022(3) dt.20-03-2023 2/2 The learned counsel for the petitioner has submitted that except confessional of co-accused, there is nothing against the petitioner in the entire case diary. On the other hand, Sri Shailendra Kumar, the learned APP and the learned counsel for the informant have opposed the prayer for bail and submitted that the petitioner was involved in the occurrence after committing dacoity, along with other accused person, Ranjit Thakur, from whose possession those articles were recovered. The bail petition of Ranjit Thakur has been rejected by a co-ordinate Bench of this Court in Cr. Misc. No. 38548 of 2022.

Considering the above-mentioned and also considering that two cases are pending against the petitioner. I am not inclined to release the petitioner on bail, which is hereby rejected.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/Nirmal U T