Patna High CourtCR. MISC./63910/2023allowed

Kundan Kumar v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63910 of 2023 Arising Out of PS. Case No.-1046 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Kundan Kumar S/O Sakindra Ram @ Sakindar Ram R/O Village- Sundarpur (Bazidpur), Ps. Sakra, Dist. Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 394, 307 of the Indian Penal Code and Section 27 of Arms Act.

3. As per the prosecution story, the informant alleges that when he was closing the jewellery shop, three persons on motorcycle came and after threatening him entered the shop and took away gold ornaments kept in a bag. In the process, they also opened fire which hit the thigh of the informant and they looted away 20 grams of gold jewellery and cash of Rs.5000/-.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired in

Patna High Court CR. MISC. No.63910 of 2023(2) dt.11-10-2023 2/2 the case on the basis of confessional statement of co-accused Sonu Kumar Sahni @Abhishek. Except confession, nothing has been recovered from conscious possession of the petitioner which suggests his complicity. The petitioner has also not been put on TI Parade. It is further submitted that the petitioner is languishing in judicial custody since 8.1.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur Sadar P.S. Case No. 1046 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur. (Sunil Kumar Panwar, J) Amandeep/- U T