Kunal Kumar Singh @ Kunal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.124 of 2024 Arising Out of PS. Case No.-332 Year-2019 Thana- DESARI District- Vaishali ====================================================== Kunal Kumar Singh @ Kunal Singh S/o Anil Kumar Singh Resident of village-Rampur Baghel, P.S-Desri (Sahdei op), District-Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachin Kumar For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 394, 302 & 396 of the Indian Penal Code and section 27 of the Arms Act.

3. As per allegation in the FIR, informant's brother namely, Dharmendra Kumar Sah runs a Customer Service Center of SBI at Gorigama Pethiya. He went to SBI branch Mahnar to bring money for customers and while he was returning from bank, three miscreants on a motorcycle came there and intercepted him. Thereafter they fired bullet upon him and snatched ins bag containing Rs. Two lac and several other documents and fled away from the place of occurrence. And thereafter, the present FIR was registered against unknown.

Patna High Court CR. MISC. No.124 of 2024(2) dt.12-01-2024 2/2

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He is not named in the FIR. His name surfaced in this case on the basis of confessional statement of apprehended co-accused Ankit Pathak and he has been enlarged on bail vide order dated 1.12.2021 passed in Cr. Misc. No. 1694 of 2021. No incriminating article has been recovered from conscious possession or from the his house. Petitioner is languishing in judicial custody since 7.7.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJMIV, Vaishali at Hajipur in connection with Desari (Sahdei O.P.) P.S. Case No. 332 of 2019.

(Sunil Kumar Panwar, J) sushma/- U