Kundan Paswan @ Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86446 of 2019 Arising Out of PS. Case No.-190 Year-2019 Thana- BIKRAM District- Patna ====================================================== KUNDAN PASWAN @ KUNDAN KUMAR Son of Shailesh Paswan Resident of Village - Beri, P.S.- Bikram, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Bikram PS case no. 190 of 2019 registered for the offences punishable under Sections 414 of Indian Penal Code and 33 of Indian Forest Act, 1927.

The allegation is regarding the informant having arrived at the place of occurrence and had found that the accused persons were cutting Mango tree, however upon arrival of the informant and others, the accused persons are said to have fled away, however co-accused person namely Guddu Kumar was apprehended and he disclosed the names of his accomplice and one of them is said to be the petitioner herein.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the petitioner

Patna High Court CR. MISC. No.86446 of 2019(2) dt.23-01-2020 2/2 has been falsely implicated in the present case on account of the confessional statement made by the co-accused person whereas the fact is that the petitioner has got no complicity in the matter. Having regard to the facts and circumstances of the case, considering submissions made by the learned counsel for the petitioner coupled with the fact that the name of the petitioner has transpired in the present case on account of confessional statement of co-accused person, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Danapur at Patna in connection with Bikram PS case no. 190 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.