Kunal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12754 of 2021 Arising Out of PS. Case No.-167 Year-2020 Thana- AMAS District- Gaya ====================================================== KUNAL KUMAR SINGH S/o Anand Singh Resident of Village- Bhamandih, P.S.- Imamganj, District- Gaya.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-07-2021 Heard the parties in virtual court proceeding. Let the defect(s), if any, be removed within four weeks after start of the physical court.

The petitioner is languishing in custody for the offences punishable under Sections 394, 302/34 of the I.P.C. and Section 27 of the Arms Act.

The FIR is against unknown. Petitioner is in custody since 22.08.2020. Petitioner has got no criminal antecedent. Submission is that the petitioner was never put on test identification parade during investigation of the case which is already complete now nor any incriminating article was recovered from his possession. Only material is extracted confession of co-accused which is no evidence in the eye of law. Considering the aforesaid facts, let the petitioner,

Patna High Court CR. MISC. No.12754 of 2021(2) dt.05-07-2021 2/2 above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Amas P.S. Case No. 167 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) shahzad/- U T