Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73440 of 2018 Arising Out of PS. Case No.-489 Year-2017 Thana- GARKHA District- Saran ====================================================== Kundan Kumar, Son of Radhe Shyam Prasad, Resident of Village- Parsa Mathura, P.S.- Parsa, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash, Advocate.

For the Opposite Party/s :

Mr. Madan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Garkha P.S. Case No. 489 of 2017 instituted for the offence under Sections 397, 302 of the Indian Penal Code and Section 27 of the Arms Act. Counsel for the petitioner submits that petitioner is not named in the written report. The name of petitioner has come in the confessional statement of co-accused Chhotu Kumar. The police has thereafter arrested the petitioner and recorded his confessional statement. Counsel for the petitioner further submits that no Test Identification Parade has been held. There is no recovery of any incriminating article from possession of the petitioner.

Petitioner is in custody since 11.01.2018.

Patna High Court Cr.Misc. No.73440 of 2018(3) dt.09-01-2019 2/2 Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Saran at Chapra, in connection with Garkha P.S. Case No. 489 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T