Kundan Singh v. The State Of Bihar
Patna High Court Cr.Misc. No.25336 of 2018 (2) dt.08-05-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25336 of 2018 Arising Out of PS.Case No. -26 Year- 2018 Thana -PALIGANJ District- PATNA ====================================================== Kundan Singh S/o Amrendra Singh @ Amrendra Kumar Singh, R/o Vill + P.S.- Jamhor, Distt.- Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Adv For the Opposite Party/s : Dr. Ajeet Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 30.01.2018 in connection with Paliganj P.S. Case No. 26 of 2018 for the alleged offences under Sections 399, 402, 414 of the Indian Penal Code and Section 25(1-B)a/26/35 of the Arms Act.
3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of one country made pistol without cartridge from the possession of the petitioner. The petitioner has one prior case in which he is an accused, which is of different nature and in which he is on bail.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Danapur in connection with Paliganj P.S. Case No. 26 of 2018 on the following conditions:- (i) That one of the bailors shall be a close relative of the
Patna High Court Cr.Misc. No.25336 of 2018 (2) dt.08-05-2018 petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T