Kundan Kumar @ Takal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71349 of 2024 Arising Out of PS. Case No.-888 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== Kundan Kumar @ Takal S/o- Ramnath Rai @ Ramnath Ray @ Lal Babu Rai Resident Of Village- Newaji Tola, Ps- Chapra Muffasil, Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Binod Singh, Advocate For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Chapra Town P.S. Case No. 888 of 2023 instituted for the offences under Section 379 of the Indian Penal Code.
3. Prosecution case, in short, is that the motorcycle of the informant got stolen which was parked outside the Godrej showroom.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner has falsely been implicated by the police personnel in this case due to his previous criminal antecedents. No stolen motorcycle
Patna High Court CR. MISC. No.71349 of 2024(2) dt.05-10-2024 2/3 has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that the recovery of the stolen motorcycle has been made from the co-accused Jitendra Kumar on the basis of the confessional statement recorded in Chapra Town P.S. Case No. 905 of 2023. Learned counsel further submitted that petitioner has got no concern with the motorcycle in question. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.01.2024 and has four criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chapra Town P.S. Case No. 888 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.71349 of 2024(2) dt.05-10-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Alok Verma/- U T