Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55565 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== KUNDAN KUMAR Son of Mahesh Paswan Resident of Dighi Kala, P.S.- Hajipur Sadar, Distt - Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 394/34 of the Indian Penal Code and 27 of the Arms Act. Prosecution case in short is that while the informant along with one another was returning after collection of money from their respective motorcycle, in the way, three unknown miscreants intercepted them and shot fire, as a resu.lt of which, both persons fell on the ground. In the meantime, the miscreants snatched Rs. 1,50,000/- and other apparatus from the informant. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 31-05-2019.

Patna High Court CR. MISC. No.55565 of 2019(3) dt.16-11-2019 2/2 Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused. There is no recovery of any incriminating article from possession of the petitioner. He has not been put on test identification parade. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Industrial P.S. Case No. 10 of 2019.

(Sudhir Singh, J) A.K.V.//- U T