Kundan Kumar @ Kundan Nishad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12629 of 2024 Arising Out of PS. Case No.-152 Year-2023 Thana- MARANCHI District- Patna ====================================================== Kundan Kumar @ Kundan Nishad Son Of Soni Singh Nishad @ Sonelal Singh Nishad R/O Village- Dumra Janjira Diyara, P.S.- Maranchi (Panch Mahla O.P.), District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Maranchi (Panch Mahla O.P.) No. 152 of 2023 registered for the offence under Sections 452, 341, 307, 384, 504 and 506/34 of the Indian Penal Code and Sections 25(1-b), 26, 27 and 35 of the Arms Act.

3.

As per the prosecution case, it is a case of open fired upon the informant's wife and also abused and assault upon her. 4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case and no seizure list has been prepared and there is

Patna High Court CR. MISC. No.12629 of 2024(2) dt.28-02-2024 2/2 complete violation of Section 100 of the Cr.P.C. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

On perusal of the first information report, it appears that there is no specific allegation against the petitioner and only one live cartridge was recovered from the possession of the petitioner and petitioner is in custody since 20.11.2023, in these circumstances, the prayer for bail of the petitioner is allowed. Let the petitioner, above named, be directed to be released on bail in connection with Maranchi (Panch Mahla O.P.) P.S. Case No.152 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Barh, Patna.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T