Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51868 of 2018 Arising Out of PS.Case No. -25 Year- 2017 Thana -NAUBATPUR District- PATNA ====================================================== Kundan Kumar, Son of Ram Kishore Sharma@ Ram Kishore Singh, Resident of Village- Chachaul, P.S. Naubatpur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sarvan Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Naubatpur P.S. Case No. 25 of 2017, registered for offences alleged under Sections 392 and 411 of the Indian Penal Code and Section 25 (1-B)a, 26/35 of the Arms Act. Learned counsel for the petitioner submits that this petitioner along with the two others were named by the informant. The co-accused persons who were similarly situated and against whom there were specific allegations that they had stopped the alleged vehicle and had surrounded and damaged the vehicle and has also demanded all the belongings, they have been granted the privilege of regular bail by the Court below, however, this

Patna High Court Cr.Misc. No.51868 of 2018 (2) dt.20-09-2018 2/2 petitioner was not on regular bail, because he had earlier moved this Court seeking anticipatory bail and on the ground that he has got criminal antecedent.

Learned counsel further submits that so far as the criminal antecedent is concerned, it is not that the petitioner is involved in commission of an offence of similar nature rather the case pending against him one under Section 304 (B) of the Indian Penal Code in which he is on bail.

Learned APP for the State has opposed the prayer for bail.

In the given facts and circumstances of the case wherein the petitioner is one of the co-accused along with the others and those two other co-accused persons are on regular bail, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Danapur, in connection with Naubatpur P.S. Case No. 25 of 2017, subject to the conditions U/S 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) R.R.Ojha.

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