Kundan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71637 of 2022 Arising Out of PS. Case No.-432 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== KUNDAN KUMAR SAH S/O BHOLA SAH Resident of Village- Purani Gudari (Utarwari Pokhara), P.S.- Bettiah Town (Kalibag O.P.), District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 307, 356, 379 and 325 of the Indian Penal Code. As per prosecution case, informant alleged that on 30.05.2022 at about 01:00 A.M. he was returning home from his shop, in the meantime, 4-5 accused persons including the petitioner came and started assaulting him by means of lathi and danda. Thereafter they snatched Rs. 2,34,500/- one motorcycle bearing No. BR22AL-8349 and other articles from the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.71637 of 2022(2) dt.13-03-2023 2/2 falsely been implicated in this case on the basis of suspicion. There is no eye-witness of the alleged occurrence. No any looted articles, as alleged, have been recovered from the conscious possession of the petitioner which shows his complicity in the alleged offence. A statement has been made in para 3 of the petition that petitioner has got no criminal antecedent. It is further submitted that he is languishing in judicial custody since 04.06.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bettiah Muffasil P.S. Case No. 432 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran.

(Sunil Kumar Panwar, J) Manish/ U T