Kunal Kumar Singh @ Sunny v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47863 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -KALYANPUR District- SAMASTIPUR ====================================================== Kunal Kumar Singh @ Sunny Son of Binod Kumar Singh, resident of Village- Sayampur, P.S.- Warisnagar, District- Samastipur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Kalyanpur P.S. Case No. 102 of 2017 for offences punishable under Section 392 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that while he was returning on his motorcycle, three miscreants looted the motorcycle, cash Rs. 130000/-, mobile, diary and other documents.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and is languishing in judicial custody since 04.07.2017. He submits that charge-sheet has already been submitted and there is no allegation
Patna High Court Cr.Misc. No.47863 of 2017 (3) dt.20-12-2017 2/2 of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail stating therein that the looted motorcycle and cash of Rs. 6000/- was recovered from the possession of the petitioner. 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 Chief Judicial Magistrate, Samastipur, District-Samastipur in connection with Kalyanpur P.S. Case No. 102 of 2017, subject to the conditions that:
(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.
(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Devendra/- U T