Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 55400 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -BARIYARPUR District- MUNGER ====================================================== Kundan Kumar, Son of Sri Bhuvneshwar Sharma, resident of VillageBahadurpur Bariyarpur, Police Station- Bariyarpur, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Sanjay Kumar, Advocate For the Opposite Party/s : Mr Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 12-12-2017 Heard counsel for the petitioner, informant and the State.

The petitioner is accused in Bariyarpur Police Station Case No 4 of 2017 dated 06.01.2017 registered for the offences punishable under Sections 302, 307/34 of Indian Penal Code and Section 27 of Arms Act.

Counsel for the petitioner submits that the allegation at best against the petitioner is of identifying the victim and that the fatal shot is alleged to have been fired by some other persons. It is submitted that as there is land dispute between the petitioner and the informant, petitioner has been falsely implicated in this case. It is further submitted that the petitioner has clean antecedent and he is a Class III railway employee and is in

Patna High Court Cr.Misc. No.55400 of 2017 (3) dt.12-12-2017 2/2 custody since 27.07.2017 and that investigation in the case has been completed. It is also submitted that there is no chance of tampering with the evidence.

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 Chief Judicial Magistrate, Munger in Bariyarpur Police Station Case No 4 of 2017 dated 06.01.2017 subject to the following conditions : (i) 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.

(ii) 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