Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53589 of 2025 Arising Out of PS. Case No.-358 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Kundan Kumar S/o Kanahai Sahani @ Kanhai Sahni R/o Village- Pannapur Kanahi Tola, P.S.- Harsidhi, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rashmi Jha, Advocate :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sugauli P.S. Case No. 358 of 2024 instituted for the offences under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that when the informant was on his way along with his father on his motorcycle, four unknown miscreants accosted them and looted the motorcycle and mobile phone of the informant.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.53589 of 2025(2) dt.01-08-2025 2/3 petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of ocnfessional statement of the co-accused Neeraj Kumar @ Abhay Kumar. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted articles. Learned counsel further submitted that T.I.P. has not been conducted till date. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.05.2025 and has two criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 18.12.2024 passed in Cr. Misc. No. 86830 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.53589 of 2025(2) dt.01-08-2025 3/3 below/concerned Court in connection with Sugauli P.S. Case No. 358 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T