Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.54109 of 2022 Arising Out of PS. Case No.-453 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Kundan Kumar Son of Dinesh Singh Resident of Village - Bisanpur Patti, P.s.- Sahebganj, Distt.- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within two weeks from today.

Heard learned counsel for the petitioner and Mr. Manoj Kumar, learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Kanti P.S. Case No. 453 of 2022 registered for the offences punishable under Sections 393, 414 of the Indian Penal Code. He is in custody since 08.07.2022. The petitioner has got one criminal antecedent.

Learned counsel for the petitioner submits that as per the prosecution story, the informant got secret information that three accused persons were going on without number plate of Honda motorcycle and tried to snatch the chain of any lady on

Patna High Court CR. MISC. No.54109 of 2022(2) dt.16-12-2022 2/3 that the ladies raised hulla, then the villagers restrained and surrounded them. The informant further alleged that when he reached there and on interrogation the accused persons disclosed their names as Aman Kumar, Vikki Kumar and Kundan Kumar (the petitioner).

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is in custody in connection with this case since 08.07.2022.

Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the facts and circumstances of the case wherein the allegation against the petitioner is to attempt to snatch a chain of women, that he was held by local people with two other persons on motorcycle which was found in the name of some other person, the petitioner has one criminal antecedent of petty nature, he has remained in custody since 08.07.2022, investigation against him is complete, and there is no submission on behalf of the State that his release is likely to tampering with the evidence or interfering with the course of trial, therefore this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees

Patna High Court CR. MISC. No.54109 of 2022(2) dt.16-12-2022 3/3 Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of Ms. Garima Singh, learned J.M. 1st Class (West), Muzaffarpur in connection with Kanti P.S. Case No. 453 of 2022, subject to the condition as laid down under Section 437 (3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application is allowed.

Certified copy of this order shall be made available only after removal of the defects.

(Rajeev Ranjan Prasad, J) vats/- U T