Kundan Kumar @ Badshah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75199 of 2023 Arising Out of PS. Case No.-1014 Year-2023 Thana- NAWADA District- Nawada ====================================================== Kundan Kumar @ Badshah S/O Late Surendra Yadav R/O- Village- Moti Bigha, P.S.- Nawada, Dist.- Nawada ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.N. A. Shamsi, Advocate For the State :
Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Nawada (Town) P.S. Case No. 1014 of 2023 registered for the offence punishable under sections 392 and 364(A) of the Indian Penal Code.
3. As per FIR, when the informant along with his friend was going on a motorcycle, they took Rs. 3,00,000/- from one Satendra Kumar and kept 1.5 lakh in each of their pockets. When they were returning, in the meantime, three persons came
Patna High Court CR. MISC. No.75199 of 2023(3) dt.27-02-2024 2/3 with car and dashed the motorcycle of the informant due to which informant's friend fell down. It is further alleged that they took the informant forcefully in their car and threw his friend in the field. Further, they demanded ransom money of Rs. 3,00,000/- from the family members of the Informant and took Rs. 1.5 lakh which was kept in his pocket.
4. Learned counsel for the petitioner submits that the petitioner are innocent and has committed no offence. He has falsely been implicated in this case. Although the informant has named this petitioner but nothing has been recovered from his possession. He has not been put on TI Parade as yet. No consistent evidence has come against him and only on the basis of suspicion, he has been dragged in this case. Moreover, the petitioner is languishing in judicial custody since 05.07.2023.
5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.
6. Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail.
7. Let the petitioner, above named, be released on bail after framing of charge if the charge has not been framed
Patna High Court CR. MISC. No.75199 of 2023(3) dt.27-02-2024 3/3 on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nawada (Town) P.S. Case No. 1014 of 2023.
(Sandeep Kumar, J) P. Kumar U T