Kundan Kumar @ Kundan Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2454 of 2024 Arising Out of PS. Case No.-50 Year-2023 Thana- ALIPUR District- Gaya ====================================================== Kundan Kumar @ Kundan Kumar Das S/O Mithlesh Das Village-Manikpur, Ps. Alipur, Dist. Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

It is alleged that tractor of the informant which was standing in front of his house was stolen away by unknown thieves.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.2454 of 2024(2) dt.30-01-2024 2/3 been implicated in this case. The petitioner is not named in the F.I.R nor he was apprehended from the spot. The alleged tractor was found parked in front of the house of one Chhotu Kumar and on the confessional statement of Chhotu Kumar, the petitioner has been roped in the present case. Moreover, nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 02.04.2023. A statement has been made in para 3 of the petition that petitioner is accused in two other cases apart from the present one.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of charge, if the charge has still not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two

Patna High Court CR. MISC. No.2454 of 2024(2) dt.30-01-2024 3/3 sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya in connection with Alipur P.S. Case No. 50 of 2023.

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