Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.277 of 2024 Arising Out of PS. Case No.-432 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== KUNDAN KUMAR, SON OF BUCHO MANDAL, RESIDENT OF VILLAGE - BHIMDAS TOLA, P.S.- RANGRA (GOPALPUR), DISTRICTBHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Advocate Mr. Vikas Kumar, Advocate Mr. Mirtyunjay Kumar Mishra , Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Gopalpur (Rangra) P.S. Case no. 432 of 2023, registered under section 392 of the Indian Penal Code.

3. As per the prosecution case, the informant states that three persons on a motorcycle overtook the informant and on point of a country made pistol took away the bag containing Rs.99,600/- besides other articles.

4. Learned counsel for the petitioner submits that the FIR was registered against unknown. Referring to the order of the learned Court below it is submitted that the name of the petitioner transpired in the confessional statement of co-accused

Patna High Court CR. MISC. No.277 of 2024(2) dt.24-01-2024 2/2 made before police. No incriminating article has been recovered from the petitioner's possession. He has no criminal antecedent and is in custody since 12.10.2023. Charge-sheet has been submitted in the case without putting the petitioner on T.I.Parade.

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

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the submissions made, no incriminating article having been recovered from the petitioner's possession, his being in custody for more than three months since 12.10.2023 and charge-sheet having been submitted in the case without putting the petitioner on T.I.Parade, the petitioner is directed to be enlarged on bail in connection with Gopalpur (Rangra) P.S. Case no. 432 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-Ist, Naugachia, District- Bhagalpur.

(Partha Sarthy, J) avinash/- U T