Shiv Shankar Kunwar @ Shankar Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14323 of 2020 Arising Out of PS. Case No.-65 Year-2017 Thana- BACHHWARA District- Begusarai ====================================================== Shiv Shankar Kunwar @ Shankar Kunwar Son of Jaikant Kunwar Resident of Village- Bharaul, P.S.- Bachhwara, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Adv.

For the Opposite Party/s :

Dr. Mrityunjaya Kumar Gautam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-06-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Bachhwara P.S. Case No. 65 of 2017 registered for the offence under section 414 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per allegation in the FIR, on secret information having been received that the accused persons had come variously armed to give effect to an occurrence, a raid was conducted. It is stated that while some of the accused persons were caught, the petitioner and one Kanhaiya Ram managed to escape.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.14323 of 2020(3) dt.05-06-2020 2/2 that the allegations as levelled in the FIR are false and concocted. His name transpired in the confessional statement of co-accused and co-accused Kanhaiya Ram has been enlarged on bail vide order dated 21.1.2019 passed in Cr. Misc. No. 2656 of 2019. The petitioner is in custody since 31.7.2019. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties, in the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bachhwara P.S. Case No. 65 of 2017 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Begusarai.

(Partha Sarthy, J) sushma/- U T