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Kundan Kumar v. The State of Bihar

Patna HC5 May 2023/11823/2023

Case brief

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What is this about?

Regular bail application by a co-accused named on the basis of a co-accused's statement, in custody since 11.10.2022 for theft of motorcycles. No recovery from his possession and no criminal antecedent stated; court granted bail on furnishing bonds.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs. 10,000 with two sureties of like amount each to the satisfaction of learned SDJM, Dehri, Rohtas.

Kundan Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11823 of 2023

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Arising Out of PS. Case No.-780 Year-2022 Thana- DEHRI TOWN District- Rohtas

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======================================================

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Kundan Kumar S/O Shiv Mangal Singh R/O Village- Hatiya, P.S.- Karakat, Distt- Rohtas.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashish For the Opposite Party/s : Mr.Nand Kishore Prasad ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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2 05-05-2023

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Heard learned counsel for the petitioner and

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learned A.P.P appearing on behalf of the State.

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The petitioner is languishing in custody in a case registered for the offences punishable under Sections 379, 414 of the Indian Penal Code.

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The prosecution case as per F.I.R is that the

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informant, on suspicion caught hold one Aakash Kumar and on his identification, recovered a stolen motorcycle, master key and a mobile phone were recovered. He disclosed the name of the petitioner as his companion who is also involved in the commission of theft of motorcycles.

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It is submitted by learned counsel for the

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Patna High Court CR. MISC. No.11823 of 2023(2) dt.05-05-2023 2/2

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petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing was recovered from the conscious possession of the petitioner. The name of the petitioner sprang up only on the basis of confessional

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statement of apprehended accused person. The petitioner is languishing in custody since 11.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Dehri, Rohtas in connection with Dehri Nagar P.S. Case No. 780 of 2022.

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(Sunil Kumar Panwar, J)

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Shageer/-

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U T

Kundan Kumar v. The State of Bihar

Case brief

What is this about?

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Kundan Kumar v. The State of Bihar

Case brief

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