Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63696 of 2023 Arising Out of PS. Case No.-307 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Kundan Kumar Son Of Sipahi Mahto Village- Kudawa Tola, Nawada Ben, Ps- Udwant Nagar, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 458 and 380 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons is that they entered in the house of the petitioner and they took Rs. 40,000/- and also took ornament about Rs. 1,00,000/- and fled from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is delay of 13 days in lodging the FIR from the date of occurrence. Nothing stolen article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.63696 of 2023(2) dt.10-10-2023 2/2 petitioner and also he was not apprehended on spot. No any consistent evidence has come against the petitioner to implicate in this alleged offence. Moreover, he is languishing in judicial custody since 19.07.2023.

5. Learned APP appearing for the state and learned counsel for the informant have 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 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 Udwantnagar P.S. Case No. 307 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara. (Sunil Kumar Panwar, J) shubham/- U T