Patna High CourtCR. MISC./82647/2019bail granted

Kundan Kumar v. The State Of Bihar

2019-12-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82647 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== Kundan Kumar Son of Pundeo Mahto Resident of Village-East Kargahia, Police Station-Bettiah Muffasil, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7, Advocate For the Opposite Party/s :

Mrs.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Bettiah Muffasil P.S. Case No. 72 of 2019, registered for the offence punishable under Section 379 of the Indian Penal Code.

Allegation is that some unknown miscreants committed theft of informant's car bearing registration no. BR22A-3764 from his door. It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. F.I.R is against unknown. Nothing has been recovered from possession of this petitioner. No test identification parade has been held till date. Charge-sheet has already been submitted. Petitioner has been remanded in this case on 02.08.2019 since then he is in judicial custody.

Patna High Court CR. MISC. No.82647 of 2019(2) dt.12-12-2019 2/2 Considering the facts aforesaid, the petitioner abovenamed, is directed to 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 the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No. 72 of 2019, subject to the conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T