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Patna High CourtCR. MISC./85888/2023allowed

Kundan Kumar Yadav @ Nandan Kumar v. The State Of Bihar

2024-01-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85888 of 2023 Arising Out of PS. Case No.-874 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Kundan Kumar Yadav @ Nandan Kumar Son Of Ram Deni Rai @ Ramdeo Rao Resident Of Village - Kaparsandi, P.S. - Turkauliya, District - East Champaran, Motihari ... ... Petitioner/S

Versus

1.

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that four unknown miscreants forcibly got into his truck and looted away biscuits which were loaded in the truck along with mobile and cash of Rs. 7000/- of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is nor named in the FIR rather he was arrested on the basis of suspicion. No

Patna High Court CR. MISC. No.85888 of 2023(2) dt.11-01-2024 2/2 any incriminating material has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 1.8.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Turkauliya (Banjariya) P.S. Case No. 874 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari.

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