Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1349 of 2024 Arising Out of PS. Case No.-748 Year-2022 Thana- HARNAUT District- Nalanda ====================================================== Kundan Kumar S/o Late Nandlal Yadav RESIDENT OF VILLAGE -NARSANDA- POLICE STATION -CHANDI, DISTRICT -NALANDA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Sujata Sinha, Adv.
For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with S.Tr. No. 519 of 2023, arising out of Harnaut P.S. Case No. 748 of 2022, lodged under Section 394 of the I.P.C.
3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 16.10.2023 passed in Cr. Misc. No. 66301 of 2023 in which liberty was granted to him to renew his prayer for bail after framing of charge.
4. Learned counsel for the petitioner further submits that the charge has already been framed in this case on 04.08.2023.
5. Learned counsel for the State opposes the prayer
Patna High Court CR. MISC. No.1349 of 2024(2) dt.12-01-2024 2/3 for bail and submits that it is true that the charge has already been framed in this case.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Addl. And District Judge-IIIrd Nalanda, Bihar Sharif in connection with S.Tr. No. 519 of 2023, arising out of Harnaut P.S. Case No. 748 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence,
Patna High Court CR. MISC. No.1349 of 2024(2) dt.12-01-2024 3/3 failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
7. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) Prakashmani/- U T