Kundan Kumar @ Chandan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40779 of 2016 Arising Out of PS.Case No. -233 Year- 2015 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Kundan Kumar alias Chandan , son of Sudama Prasad Chaurasia resident of village Sahobigha P.S Ghosi, District Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-09-2016 Heard Sri Sanjay Kumar, learned counsel for the petitioner and Sri Mithilesh Kumar Khare, learned Additional Public Prosecutor.

The sole petitioner who is in custody since 23.6.2016 in Sohsarai P.S. Case No. 233 of 2015 registered for the offence under Section 392 of the Indian Penal Code, has prayed for grant of bail mainly on the ground that the person on whose confession name of petitioner in the case has transpired has already been granted bail by this court vide order dated 26.5.2016 in Cr. Misc. No. 23363 of 2016. He submits that petitioner is having clean antecedent . F.I.R. in the case was lodged against unknown however during investigation on the basis of confession of one of the co- accused petitioner's name has transpired and he was made accused. By way of referring to statement made in paragraph no.

Patna High Court Cr.Misc. No.40779 of 2016 (2) dt.29-09-2016 2/2 3 of the petition learned counsel for the petitioner submits that petitioner is having clean antecedent.

In view of the fact that the co -accused on whose confession petitioner has been made accused has already been granted bail, there is no reason to deny prayer for bail to the petitioner . Accordingly let the petitioner Kundan Kumar alias Chandan be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Nalanda at Biharsharif /concerned court in connection with Sohsarai P.S. Case No. 233 of 2015. (Rakesh Kumar, J) Praful/- U T