Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2209 of 2017 Arising Out of PS.Case No. -102 Year- 2016 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Kunal Kumar, son of Sri Mantun Singh, resident of village - Barauni Flage, P.S. Teghra, District - Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kaushal Kumar Singh, Advocate For the Opposite Party/s : Mr. Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 02-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Rosera P.S. Case No.102 of 2016 instituted for the offence under Section(s) 379, 411 Indian Penal Code.

It has been submitted that the petitioner is in custody since 01.04.2016. He has been implicated in this case because his father had earlier filed case against the Sub-Inspector of Police in the year 2008 vide Complaint Case No.790-C of 2008. It is alleged in the written report that the Informant went to Clinic of a Doctor. He found his motorcycle was missing when he came back. Later on, he found two persons were riding on the motorcycle. He apprehended both the persons, who disclosed their name as Kunal Kumar (petitioner) and Shyam

Patna High Court Cr.Misc. No.2209 of 2017 (2) dt.02-02-2017 2/2 Sundar Kumar. The Informant further alleged that one red coloured motorcycle was recovered from their possession. Seizure list has been enclosed with the written report, wherein, it has been mentioned that the alleged stolen motorcycle was recovered from the possession of this petitioner. Learned Sessions Judge has mentioned in the impugned order that charge-sheet has already been submitted in the case.

In the circumstances and keeping in view the period spent by the petitioner in custody, let the Petitioner, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Rosera, Samastipur, in connection with Rosera P.S. Case No.102 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

The petitioner will co-operate in trial and will remain present on each and every date and subsequent default of two dates will result into cancellation of bail bond of the petitioner in the court below.

(Sanjay Priya, J) JA/- U T