Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18797 of 2023 Arising Out of PS. Case No.-710 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Kunal Kumar Son Of Nand Kishore Singh @ Nand Kishore Kumar R/VDighi Kala West, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Ambastha For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 414, 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of Arms Act.

It is case of preparing offence to commit loot at Dighikala, Hajipur. On the basis of information, police raided that place, and apprehended several co-accused persons and from their possessions, some country made pistols along with some cartridges, knife and bike were recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that

Patna High Court CR. MISC. No.18797 of 2023(3) dt.07-08-2023 2/2 nothing has been recovered from the conscious possession of the petitioner. It is also submitted that neither he was apprehended on spot by the police nor he has any concern with the alleged offence. Moreover, he is languishing in judicial custody since 28.03.2022. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 07.06.2022 in Cr. Misc. No. 14869 of 2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur P.S. Case No. 710 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur. (Sunil Kumar Panwar, J) shubham/- U T