Patna High CourtCR. MISC./56174/2024bail granted

Kundan Kumar v. The State Of Bihar

2025-01-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56174 of 2024 Arising Out of PS. Case No.-733 Year-2022 Thana- NAGAR District- Vaishali ====================================================== Kundan Kumar son of Harendra Ray Village- Hathsarganj, PS-Hajipur Town, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 461 , 379 and 34 of the Indian Penal Code .

3 . As per the prosecution case , on the alleged date and time of occurrence , this petitioner along with other coaccused persons committed theft in the shop of informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case only on the basis of CCTV footage . F.I.R., has been lodged after the delay of 25 days for which there is no plausible explanation which itself casts serious doubt over the veracity of entire prosecution case . Petitioner has commited no such offence as alleged.

Patna High Court CR. MISC. No.56174 of 2024(4) dt.03-01-2025 2/2 Petitioner claims clean antecedent.

5 . Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Vaishali at Hajipur in connection with Hajipur Town P.S. case No. 733 of 2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T