Kunal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.21426 of 2020 Arising Out of PS. Case No.-730 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== KUNAL KUMAR S/o Ravindra Singh R/o Village- Chechaulchak, P.S.- Naubatpur, Distt- Patna.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-07-2020 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by the office within three weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned APP for the Sate.
The petitioner in the present case is seeking regular bail in connection with Naubatpur P.S. Case No. 730 of 2019 registered for the offences under Sections 25(1-b)a and 26 of the Arms Act pending in the court of learned A.C.J.M. - 2nd, Danapur.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case only because he was demanding the outstanding amount against supply of milk to the police station. He is in custody since 17.11.2019
Patna High Court CR. MISC. No.21426 of 2020(2) dt.02-07-2020 2/3 having no criminal antecedent.
Learned APP for the State has opposed the prayer for bail of the petitioner.
Having regard to the facts and circumstances of the case considering the submission of learned counsel for the petitioner that the petitioner has got no criminal antecedent, he has remained in custody in connection with this case since 17.11.2019, he has been falsely implicated in this case only because he was demanding the outstanding against supply of Milk to the police station and that trial of this case is not likely to be concluded in near future, there being no submission on behalf of the State that the release of the petitioner is in any way likely to interfere at this stage with the course of trial or tamper with the evidence, let the petitioner above named be released on bail in connection with Naubatpur P.S. Case No. 730 of 2019 on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction learned A.C.J.M. 2nd, Danapur, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. as under:
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,
Patna High Court CR. MISC. No.21426 of 2020(2) dt.02-07-2020 3/3 (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, oft he commission of which he is suspected, and (c) that such person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic during the lockdown period. The authorities concerned shall take appropriate steps to ensure such observance prior to and after release of the petitioner. This application stands allowed.
(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.