Kundan Saday v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63664 of 2023 Arising Out of PS. Case No.-13 Year-2018 Thana- MADHEPUR District- Madhubani ====================================================== Kundan Saday S/O Ganga Saday @ Gangu Saday R/O Village- Kathra, P.SSakatpur, Distt.- Darbhanga. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 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 457 & 380 of the Indian Penal Code.

3. According to the FIR, the informant alleged that some miscreants broke into his house at night for intention of theft but one person was caught who disclosed the name of the petitioner as his associate. Earlier to the occurrence, theft was committed in the house of the informant.

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. He has falsely been implicated in this case on the basis of confessional statement of

Patna High Court CR. MISC. No.63664 of 2023(2) dt.10-10-2023 2/2 co-accused Papu Saday who was caught on stop. Nothing incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 21.2.2018.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhepur P.S. Case No. 13 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jhanjharpur, Dist- Madhubani. (Sunil Kumar Panwar, J) Amandeep/- U T