Kunal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72059 of 2018 Arising Out of PS. Case No.-451 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== Kunal Kumar Son of Ramanand Singh Resident of Village-Ratanpur,Police Station Begusrai (Ratanpur O.P.),Distt.-Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar, Advocate.
For the Opposite Party/s :
Mr. Anil Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-12-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Barauni (Refinery) P.S. Case No. 451 of 2018 instituted for the offence under Section 414 of the Indian Penal Code, Sections 25(1-B) (a), 26 and 35 of the Arms Act.
Counsel for the petitioner submits that petitioner has clean antecedent. He is in custody since 14.9.2018. There is no recovery of any Motorcycle from possession of the petitioner. It is mentioned in the First Information Report that Motorcycle has been recovered near Kali Sthan behind office of Forest Department, which is alleged to be theft Motorcycle. It is stated in the written report that aforesaid Motorcycle was recovered at the instance of petitioner. Counsel for petitioner submits that Police has arrested co-accused Prince @ Golu. He
Patna High Court Cr.Misc. No.72059 of 2018(2) dt.05-12-2018 2/2 has given confessional statement before the police that he along with Ritesh and co-accused Amit had stolen the Motorcycle in July 2018 and had kept it near Kali Sthan behind office of forest Department in bush and another Motorcycle is with co-accused Amit Kumar.
Petitioner is said to be in custody since 14.9.2018. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Barauni (Refinery) P.S. Case No. 451 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T