Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.582 of 2024 Arising Out of PS. Case No.-179 Year-2023 Thana- TANKUPPA District- Gaya ====================================================== Kundan Kumar S/O Kapil Paswan R/O Village- Bagha Bigha, P.S- Tankuppa, Distt.- Gaya.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Sinha For the Opposite Party/s :

Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 379, 411, 401/34 of the Indian Penal Code.

Allegation against the petitioner and other coaccused persons is that they tried to stole submersible motor and delivery pipe from the field of informant. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to village politics. Both parties are resident of nearby locality. There is general and

Patna High Court CR. MISC. No.582 of 2024(2) dt.16-01-2024 2/2 omnibus allegation against the petitioner. He has no concern with the alleged offence or with the co-accused persons. Nothing incriminating has been recovered from the conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 04.09.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Tankuppa P.S. Case No. 179 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Gaya.

(Sunil Kumar Panwar, J) Nirajkrs/- U T