Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57273 of 2022 Arising Out of PS. Case No.-204 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== KUNDAN KUMAR S/O RAMESHWAR MAHTO Resident of village- Bela Pachgacchiya, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Advocate Mr.Rajeev Ranjan No.II, Advocate For the Opposite Party/s :

Mr.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-01-2023 Heard Mr. Pramod Kumar, learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in connection with Ahiyapur P.S. Case No. 204 of 2022 for the offence registered under Section 379 and 411 of the Indian Penal Code. As per the prosecution story, the informant alleged that he had gone to Srikrishna Medical College & Hospital Muzaffarpur to see his ailing mother and parked his motorcycle in the Hospital but the same went missing when he returned. Accordingly, the FIR was lodged.

Subsequently, during investigation, one Santosh Kumar was picked up and on his confession, the name of the petitioner came.

Patna High Court CR. MISC. No.57273 of 2022(2) dt.23-01-2023 2/3 Learned counsel for the petitioner submits that he is a student having no role to play in the matter and is ready to abide by all the terms and conditions imposed by this Court. Taking into account the fact that he is a student and his name has come on the confessional statement of one Santosh Kumar, this Court is inclined to grant him privilege of anticipatory bail.

Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 204 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C with further conditions: (i) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(ii) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (iii) the petitioner shall co-operate in the investigation

Patna High Court CR. MISC. No.57273 of 2022(2) dt.23-01-2023 3/3 and made himself available to the police as and when required; (iv) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself.

(Rajiv Roy, J) Jagdish/- U T