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Patna High CourtCR. MISC./2159/2025bail granted

Kundan Kumar v. The State Of Bihar

2025-02-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2159 of 2025 Arising Out of PS. Case No.-193 Year-2023 Thana- ROSHANGANJ District- Gaya ====================================================== Kundan Kumar S/O Kuldeep Paswan Resident of Village- Bairibanwas, P.SRoshanganj, District- Gaya ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Gangesh Gunjan, Advocate For the Opposite Party/s :

Ms/Mrs. Sangeeta Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under section 379 of the Indian Penal Code.

3. As per the prosecution case, while petitioner had parked his motorcycle in the road side, the same was stolen by unknown accused persons.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner's name has come in this case during course of investigation on the basis of confessional statement of co-accused. No incriminating article has been recovered from the conscious possession of the petitioner rather the stolen motorcycle has been recovered from the house of coaccused Ravindra Kumar. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.2159 of 2025(2) dt.12-02-2025 2/2

6. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Sherghati, Gaya in Roushanganj Police Station Case No. 193 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T