IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.5867 of 2011
Kundan Kumar Singh @ Kundan Singh @ Kari Singh, S/O-Late Sadanand Singh
Versus
The State Of Bihar
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05 18.07.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner is not named in the first information report
and it appears from perusal of the impugned order as well as
submissions of the parties that the name of this petitioner surfaced in
this case after recovery of the victims and the victims disclosed this
fact that they had heard the name of petitioner in conversation of their
kidnappers.
Learned counsel for the petitioner submits that even if,
the aforesaid statement of the victims assumed to be true, then also,
there is nothing on the entire case diary to show this fact that the name
of petitioner had surfaced in the conversation of the kidnappers
because the Investigating Officer could not succeed to connect the
petitioner with the above stated conversation.
It is further contended by him that the petitioner was
taken into custody in connection with another case and while he was
facing trial in the aforesaid case, he was roped by the Investigating
Officer in the present case.
Learned Additional Public Prosecutor submits that the
criminal antecedent of the petitioner has not been mentioned in the
entire case diary.
Considering the aforesaid facts and circumstances as
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well as submissions of the parties coupled with this aspect of the
matter that having similar allegation, co-accused persons have already
been granted privilege of bail by another Bench of this Court in the
year 2001, let the petitioner be released on bail on furnishing bail
bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate, Vaishali
at Hajipur in connection with Bhagwan Pur P.S. Case No. 91 of 2001.
SHAHZAD ( Hemant Kumar Srivastava, J.)