Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46537 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -MITHANPURA District- MUZAFFARPUR ====================================================== Kundan Kumar, Son of Vinay Kumar Mishra, Resident of VillageGarahua, P.S.- Kurhani, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 22-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mithanpura P.S. Case No.95 of 2017 registered under Sections 302 and 120(B)/34 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that two persons covering their faces came at the door of the informant. When the informant opened the door then they fired at her husband, who died on the spot. Learned counsel appearing on behalf of the petitioner submits that the informant has raised suspicion against Anjani Thakur and his associates, who had earlier given threatening of

Patna High Court Cr.Misc. No.46537 of 2017 (2) dt.22-09-2017 2/2 dire consequences to her husband in case of non payment of ransom. In course of investigation, one Vikash Kumar was apprehended by the police, who confessed his guilt and also disclosed the name of the petitioner without specifying any overt act against him. The petitioner is the student of M.B.A. and has no criminal antecedent. On mere suspicion, the petitioner has falsely been implicated in this case.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, East, Muzaffarpur, in connection with Mithanpura P.S. Case No.95 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T