Kundan Kumar @ Kundan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46763 of 2015 Arising Out of PS.Case No. -132 Year- 2015 Thana -AGAMKUAN District- PATNA ====================================================== Kundan Kumar @ Kundan Rai, S/o Sri Shishuwant Rai, R/o Village Badarabad, P.S. Ekannger Sarai, District Nalanda. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------------- 15-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Agam Kuan P.S. Case No.132 of 2015 registered under Sections 352, 307, 436 and 120(B)/34 of the Indian Penal Code besides Sections 3/4 of the Explosive Substance Act and Sections 13, 16, 18, 19 and 20 of the Unlawful Activities (Prevention) Act.
Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the police raised suspicion against the petitioner and two others, namely, Ashok Kumar and Hemant Kumar alleging that they were illegal occupants of flat where the bomb was exploded. Except suspicion,
Patna High Court Cr.Misc. No.46763 of 2015 (3) dt.15-02-2016 2/2 there is nothing against the petitioner to show his involvement in the present case. Further submission is that co-accused, Hemant Kumar and Ashok Kumar, have already been granted bail by a coordinate Bench of this Court vide order dated 16.12.2015 passed in Criminal Misc. No.39003 of 2015 and vide order dated 07.08.2015 passed in Criminal Misc. No.30427 of 2015 respectively. It is further submitted that while the petitioner is accused in one case also, as detailed in paragraph-3 of this application, but in that case, the petitioner is on bail. In the present case, the petitioner is in custody since 04.04.2015. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, Patna, in connection with Agam Kuan P.S. Case No.132 of 2015.
(Rajendra Kumar Mishra, J) P.S./- U T