Patna High CourtCR. MISC./67140/2023bail granted

Kunal Kumar Chaudhary @ Kunal Kumar Choudhary @ Kundan Kumar Chaudhary v. The State Of Bihar

2023-10-17Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67140 of 2023 Arising Out of PS. Case No.-247 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Kunal Kumar Chaudhary @ Kunal Kumar Choudhary @ Kundan Kumar Chaudhary S/O- Sunil Kumar Chaudhary Village- Nagargawan PSDalsinghsarai Dist- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seeks regular bail in connection with Dalsinghsarai P.S. Case No. 247 of 2023, registered for the offence punishable under Sections 411, 414 and 34 of the Indian Penal Code and read with section 25(1-B)a, 26, 35 of the Arms Act.

3. As per prosecution, the allegation levelled against the petitioner is that he is member of the gang specialized in motorcycle theft though recovery is of two mobile sets.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He has no criminal antecedent. No incriminating articles has been

Patna High Court CR. MISC. No.67140 of 2023(2) dt.17-10-2023 2/2 recovered from the conscious possession of the petitioner and he is in judicial custody since 15.06.2023.

5. Learned APP has vehemently opposed the prayer for bail.

6. Considering the aforesaid fact, this application is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1, Dalsinghsarai, Samastipur in connection with Dalsinghsarai P.S. Case No. 247 of 2023.

8. This is also subject to the condition that the petitioner shall mark his presence in Dalsinghsarai Police Station, District- Samastipur on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below.

(Sandeep Kumar, J) Ranjeet/- U T