Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43254 of 2018 Arising Out of PS.Case No. -97 Year- 2018 Thana -BARAUNI District- BEGUSARAI ====================================================== Kundan Kumar S/o Rajpati Yadav, R/o Vill.- Kaithma, P.S.- Begusarai Muffasil, Distt.- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey, Adv. For the Opposite Party/s : Mr. Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-09-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Barauni P.S. Case No. 97/2018, registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegation against the petitioner is looting cash, mobile and relevant papers relating to vehicle from the informant who is the driver of pick-up van.

It has been submitted that petitioner has falsely been implicated in this case. Petitioner is not named in the F.I.R. No incriminating articles have been recovered from the possession of the petitioner. Similarly placed co-accused has been granted bail by this Court.

Petitioner is in custody since 19.05.2018.

Patna High Court Cr.Misc. No.43254 of 2018 (3) dt.24-09-2018 2/2 Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 97/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T