Kundan Kumar @ Kundan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59682 of 2023 Arising Out of PS. Case No.-344 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Kundan Kumar @ Kundan Paswan, S/O Dinesh Paswan @ Naresh Paswan R/O Village- Arari, Ps. Sarai, O.P. District. Vaishali ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-10-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Hajipur Sadar P.S. Case No. 344 of 2023 dated 17.05.2023 registered for the offence punishable under Section 392 of the Indian Penal Code.
3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner has fair and clean antecedent, he is not named in the F.I.R, during investigation the name of the petitioner surfaced in the statement of co-accused Hemant Kumar Sah and except the confessional statement of co-accused there is no material against the petitioner to connect him to the alleged crime of loot and during investigation the police failed to recover any part of
Patna High Court CR. MISC. No.59682 of 2023(2) dt.11-10-2023 2/3 looted articles from his possession and the looted motorcycle is stated to have been recovered from the house of the co-accused Hemant Kumar Sah and one similarly situated co-accused, namely, Chandan Kumar @ Kallu Mahto, whose name also surfaced in the statement of co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. 55666 of 2023.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions and mainly petitioner's fair and clean antecedent and also the fact that in respect of petitioner's involvement in the alleged crime, the prosecution is mainly relying upon the confessional statement of co-accused given before the police and the prosecution has not pointed out any recovery of any part of looted articles from the possession of the petitioner in furtherance of confessional statement of co-accused, in my opinion, in the said circumstance, the petitioner deserves to the privilege of anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Hajipur Sadar P.S. Case
Patna High Court CR. MISC. No.59682 of 2023(2) dt.11-10-2023 3/3 No. 344 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) shweta/rajiv U T