Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 11442 of 2018 Arising Out of PS.Case No. -150 Year- 2017 Thana -MANPUR District- NALANDA (BIHARSHARIFF) ====================================================== Kunal Kumar Son of Bahadur Paswan Resident of Village- Tetrawan, Police Station- Manpur, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Binod Kumar Sinha, Advocate For the S t a t e : Mr Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 399, 402 of Indian Penal Code and Sections 25, 26 of Arms Act.

It is submitted by the learned counsel for the petitioner that merely on the basis of suspicion, the petitioner has falsely been implicated in this case though he has committed no offence. The recovery of live cartridge attributed from the possession of the petitioner is false. It is further submitted that the petitioner has been implicated merely as he was passing by from the place of occurrence. He is in custody since 22.10.2017.

Patna High Court Cr.Misc. No.11442 of 2018 (3) dt.05-04-2018 2/2 Considering the aforesaid submission, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VII, Nalanda in Manpur Police Station Case No 150 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T