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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22241 of 2020 Arising Out of PS. Case No.-37 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== KUNDAN KUMAR SINGH @ KUNDAN SINGH Son of Ram Shankar Singh Resident of Village - Bajalpura, P.S.- Teghra, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Uday Chandra Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-09-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Teghra P.S. Case No. 37 of 2020, disclosing offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. The petitioner and the co-accused Deepak Kumar were intercepted by the police on the basis of secret information whereafter one loaded country made pistol was recovered from the petitioner's possession and one live cartridge from the coaccused Deepak Kumar. The petitioner is in custody since 01.02.2020.

Learned counsel appearing on behalf of the petitioner has submitted that his implication in the criminal case is malicious and for ulterior reasons. He has submitted that it is

Patna High Court CR. MISC. No.22241 of 2020(2) dt.03-09-2020 2/3 curious that no other person was found, when the alleged search was made by the police, leading to alleged recovery of the fire arms. He has further submitted that there is no allegation of any misuse of firearm, allegedly recovered from the petitioner's possession.

Considering the above submission and the fact that the petitioner is in custody since 01.02.2020, this application is allowed.

Let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 37 of 2020.

It is directed that defects in the application pointed out by the Registry must be removed within two months from today.

Since there is a lockdown, the Court has considered it appropriate to adopt following procedure for communication of the present order:- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary.

Patna High Court CR. MISC. No.22241 of 2020(2) dt.03-09-2020 3/3 (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential office for documentation and future use, if any.

(iv) Let a copy of the order be communicated to the learned court below through e-mail or any other appropriate electronic mode by the Registry.

Let steps be taken by the Registry for uploading of the present order without compromising with the norms of socialdistancing. (Chakradhari Sharan Singh, J) AKASH/- U T