Patna High CourtCR. MISC./7783/2023bail granted

Kundan Kumar @ Kundan Yadav v. The State Of Bihar

2023-04-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7783 of 2023 Arising Out of PS. Case No.-59 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== KUNDAN KUMAR @ KUNDAN YADAV S/O RAJI YADAV @ RAJENDR YADAV @ ROJI YADAV @ RAJENDRA YADAV Resident of VillageJagatpur, P.S.- Parbatta, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagjit Roshan, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-04-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Naugachia P.S. Case no. 59 of 2022 registered under section 212 of the Indian Penal Code and sections 25(1-b)(a), 26 and 35 of Arms Act.

3. As per the prosecution case, on information having been received by the police a raid was conducted, the petitioner who was absconder was taken into custody and a loaded country made pistol with five live cartridges was recovered.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.7783 of 2023(2) dt.29-04-2023 2/2 that the petitioner has been falsely implicated in this case because of his antecedent. No incriminating article has been recovered from his possession. He is in custody since 7.3.2022 and charge sheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R. together with the petitioner having remained in custody for more than one year since 7.3.2022 and charge sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Naugachia P.S. Case no. 59 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Naugachia, Bhagalpur.

(Partha Sarthy, J) Prakash/Ayush/ U T