Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70913 of 2021 Arising Out of PS. Case No.-259 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== Kundan Kumar, son of Aamir Prasad Singh, resident of Village- Mishraulia P.S - Bibhutipur District - Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sudhanshu Bhushan For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that while he was returning after withdrawing an amount of Rs.1,64,000/- from S.B.I. Main Branch at Bibhutipur on his motorcycle, he was intercepted by two criminals, who looted his motorcycle along with the money which he was carrying and other articles as detailed in the F.I.R. It is next alleged that on alarm, local people gathered. Further, the two accused were apprehended by the police. It is next alleged that informant

Patna High Court CR. MISC. No.70913 of 2021(3) dt.01-08-2022 2/3 identified accused Amarjit Kumar as well as Chandan Kumar. The learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the informant specifically alleges that he was intercepted by two criminals, who committed the occurrence. It is next submitted that the apprehended accused disclosed the name of the petitioner based on which, he came to be implicated in the present case. The learned counsel submits that the petitioner is not named in the F.I.R. nor it is the case of the prosecution that three persons had intercepted the informant. It is next submitted that the petitioner is a student and is doing his I.T.I. from I.T.I. College, Tajpur, Samastipur and is aged about 22 years.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where

Patna High Court CR. MISC. No.70913 of 2021(3) dt.01-08-2022 3/3 the case is pending in connection with Bibhutipur P. S. Case No.259 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T