Kundan Kumar v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6530 of 2024 Arising Out of PS. Case No.-238 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== Kundan Kumar, Male, aged about 25 years, Son of Kamal Kishor Ray @ Kamal Kishor Rai, Resident of Village- Bhagwatiya, P.S. Rajepur, DistrictEast Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rajepur PS Case No. 238 of 2023 instituted for the offences punishable under Sections 341, 382, 323, 324, 307, 413, 414, 354 (B), 379, 506/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and other co-accused persons abused and assaulted the informant and her sister-in-law.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. From perusal of the first information report, seizure list and impugned order dated 22.11.2023, it appears that on the basis of FIR, registered

Patna High Court CR. MISC. No.6530 of 2024(2) dt.19-02-2024 2/2 against five persons including this petitioner, all offences are bailable in nature except 382, 307, 414, 354 and 379 of the Indian Penal Code. Petitioner is in custody since 06.10.2023.

5. Learned APP opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Rajepur PS Case No. 238 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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