Kundan Kumar Upadhyay @ Kundan Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21612 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== KUNDAN KUMAR UPADHYAY @ KUNDAN UPADHYAY Son of Balmiki Upadhyay, Resident of Hafizpur, P.S.- Sahjitpur, District- Chhapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra Jha For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-07-2019 Supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Nautan P.S. Case No. 46 of 2019, instituted for the offence under Section(s) 363, 511 of Indian Penal Code, Sections 25(1-b)a, 26 and 37 of Arms Act. It is alleged in the written report that on the date of occurrence the informant was sweeping his Bathan and his 4 years 6 months old nephew was playing on the road at some distance. He heard sound of weeping of his nephew. He went to the place of occurrence and saw one person running away taking his nephew in his lap towards Bolero car parked near bridge. The informant ran after him and caught hold the accused and

Patna High Court CR. MISC. No.21612 of 2019(4) dt.04-07-2019 2/3 snatched his nephew from him. The villagers came there on alarm. One person managed to run away. The apprehended person disclosed his name as Kundan Kumar Upadhyay (petitioner).

Counsel for the petitioner submits that one Bolero car was parked but there was no description of registration of the said Bolero car mentioned in the written report. From the written report it is apparent that boy was not kidnapped. The petitioner is alleged to have been apprehended but other persons managed to run away with said Bolero Car.

As per seizure list one Desi Nalkatua (country made pistol) along with two live cartridges and two Mobile Phones have been recovered from Bathan of the informant. The seizure list does not bear signature of this petitioner. From the seizure list it appears that aforesaid firearm has been produced by Ravi Kant Bhagat (informant) of the instant case. It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent. Petitioner is in custody since 31.01.2019 having clean antecedent. Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on

Patna High Court CR. MISC. No.21612 of 2019(4) dt.04-07-2019 3/3 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, West Champaran (Bettiah) in connection with Nautan P.S. Case No. 46 of 2019, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T