Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62651 of 2024 Arising Out of PS. Case No.-89 Year-2022 Thana- GOH District- Aurangabad ====================================================== Kundan Kumar Son of Kamlesh Prasad Singh Village- Pema, P.O.- Dadar, P.S.- Goh, District- Aurangabad, Bihar, Pin code- 824129. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rohit Mishra, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-01-2025 Heard Mr. Rohit Mishra, learned counsel for the petitioner and Mr. Kumar Ranjit Ranjan, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Goh P.S. Case No. 89 of 2022, F.I.R. dated 08.04.2022 registered for the offences punishable under Sections 419, 420, 467, 468, 471, 120(B) of the Indian Penal Code.

3. Allegation against the petitioner is that the petitioner has procured the SIM on the basis of forged documents/Voter ID.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.62651 of 2024(4) dt.18-01-2025 2/3 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. In fact, the SIM in question does not belong to the petitioner but the same belonged to the mother of the petitioner and it is for the operator that without any document how the operator had issued the SIM in favour of his mother. Learned counsel for the petitioner further submits that after some time the SIM number is linked with the Aadhar number of the mother of the petitioner and it appears from the entire investigation that the same SIM number does not misuse by the petitioner or his mother.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Daudnagar, Aurangabad in connection with Goh P.S. Case No. 89 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following

Patna High Court CR. MISC. No.62651 of 2024(4) dt.18-01-2025 3/3 conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T