Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54637 of 2017 Arising Out of PS.Case No. -316 Year- 2017 Thana -BIHTA District- PATNA ======================================================
1. Kundan Kumar, S/o- Parmatma Mochi, resident of Village- Kanchanpur, P.S.- Bihta, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satrudhan Kumar For the Opposite Party/s : Smt. Sangeeta Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 16.05.2017 in connection with Bihta P.S. Case No. 316/2017, G.R. No. 1534/2017 for offences punishable under Sections 414/420 of the Indian Penal Code.
The prosecution case, as lodged by the police personnel, is that during course of raid the petitioner was apprehended with a stolen motorcycle along with one another, while three persons managed to flee away. Accordingly, a seizurelist duly signed by the petitioner has been prepared. It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.54637 of 2017 (2) dt.05-12-2017 2/2 petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Danapur, Patna, in connection with Bihta P.S. Case No. 316/2017, G.R. No. 1534/2017, subject to the condition that both the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner. (Nilu Agrawal, J) Rajesh/- U T