Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85055 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== Kundan Kumar S/o Suresh Mahto resident of village Sareya Baduraha P.S. Dumariya Ghat Dist. East Champaran at Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner in connection with Bela P.S. Case no. 35 of 2019 registered for the offence punishable under sections 379, 411 and 34 of the Indian Penal Code.

As per allegation in the FIR, some unknown persons are stated to have taken away the tractor belonging to one Kalpnath Upadhaya.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown and the name of the petitioner has transpired in confession made by co-accused Pinkesh Kumar before the police. It is submitted that the said

Patna High Court CR. MISC. No.85055 of 2019(3) dt.18-03-2020 2/2 Pinkesh Kumar has been enlarged on bail by order dated 13.1.2020 passed in Cr. Misc. no. 72263 of 2019. The petitioner has no criminal antecedent and is in custody since 2.9.2019. It is further submitted that he has not been put on T.I. Parade. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above especially the fact that the petitioner is in custody since 2.9.2019 and has no criminal antecedent, this Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail in connection with Bela P.S. Case no. 35 of 2019 on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, East Muzaffarpur.

(Partha Sarthy, J) Prakash/- U