Kunal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83424 of 2024 Arising Out of PS. Case No.-141 Year-2024 Thana- SANDESH District- Bhojpur ====================================================== Kunal Kumar S/O Siyaram Singh R/O Village- Rampur, PS- Chandi, DistrictBhojpur at Ara. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Sandesh P.S. Case No. 141 of 2024, instituted under Sections 414 and 34 of the Indian Penal Code.
3. As per the prosecution case, on getting information about the miscreants, police party reached near Pandura Nahar and saw two persons were caught by the villagers with two motorcycles. They disclosed their name as Ranjit Kumar and Ankit Kumar. Petitioner and two other co-accused persons managed to flee away. The accused persons did not produce any document of the motorcycles. Thereafter, presuming the motorcycles to be stolen, the same were seized.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.83424 of 2024(2) dt.11-12-2024 2/3 petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. Except the disclosure statement made by the apprehended co-accused persons, there is no material against the petitioner. He has five criminal antecedents in which he is on bail, out of which three cases belong to Excise Act and other two cases are not of similar nature. Petitioner undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Sandesh P.S. Case No. 141 of 2024, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023 with following conditions: (a) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
Patna High Court CR. MISC. No.83424 of 2024(2) dt.11-12-2024 3/3 (b) Petitioner shall co-operate in the investigation and trial and during trial he shall be properly represented on each and every date fixed by the Court and on failure on two consecutive dates without sufficient reason, the trial Court may cancel the bail of the petitioner.
(Sunil Dutta Mishra, J) rakhi/- U T