Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72575 of 2022 Arising Out of PS. Case No.-109 Year-2022 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== KUNDAN KUMAR S/o Chendeshwar Thakur @ Shiv Chandra Thakur R/vHarishankar Maniyari, P.S.- Maniyari, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha, Adv.

For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sadar P.S. Case No. 109 of 2022 dated 28.02.2022 registered for the offence under Sections 392 of the Indian Penal Code.

Unknown miscreants are stated to have committed loot of Rs. 25,08360/- on the point of pistol from the informant. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been named in the F.I.R., however, he has been made accused in this case on the basis of his self confession recorded in connection with Sadar P.S. Case No. 157 of 2022. In fact, nothing incriminating, as alleged in the F.I.R, has been recovered from the

Patna High Court CR. MISC. No.72575 of 2022(2) dt.10-04-2023 2/3 house or conscious possession of the petitioner. No T.I.P. has been conducted till date by the prosecution. He further submits that similarly situated co-accused, namely, Ravi Pandey has already been granted bail by a co-ordinate Bench of this Court vide order dated 11.10.2022 passed in Cr. Misc. No. 40196 of 2022. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 03.09.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries four more cases other than the present one.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur (Sadar) P.S. Case No. 109 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.72575 of 2022(2) dt.10-04-2023 3/3 for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T