Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17303 of 2018 Arising Out of PS.Case No. -216 Year- 2017 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ====================================================== Kundan Kumar S/o Vijay Prasad, R/o Village- Akbarpur, P.S.- Asthawan, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rudal Singh, Advocate For the Opposite Party/s : Mr. Sri Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Section 379 of the Indian Penal Code.

It is submitted by the petitioner's counsel that the petitioner upon his arrest in Sare P.S. Case No. 130 of 2017 has been remanded in this case as well as in Rahui P.S. Case No. 253 of 2017. He submits that in this case he has not been named in the FIR and merely on the basis of suspicion he has been implicated due to some keys recovered from his pocket. The motorcycle has not been recovered from his conscious possession. Other than the said cases in which he has been remanded, there no other case pending against him. Till date no T.I.P. has been held

Patna High Court Cr.Misc. No.17303 of 2018 (3) dt.27-04-2018 2/2 and the Petitioner is in jail custody since 06.01.2018. In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in Rajgir P.S. Case No. 216 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T