Kailash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22992 of 2020 Arising Out of PS. Case No.-135 Year-2020 Thana- BELHAR District- Banka ====================================================== Kailash Kumar, son of Basudeo Yadav @ Pato Yadav, resident of Village Laharniya (Pasraha), P.S. Chadan, District Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. B.N.Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-09-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Belhar Police Station Case No. 135 of 2020, registered for the offence punishable under Sections 188/399/402 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act. The allegation against the petitioner, as per the First Information Report, is that the police, after receiving a secret information that the accused persons have assembled near the place of occurrence in order to commit some crime, proceeded towards the place of occurrence and apprehended six accused persons including the petitioner and upon search, two live cartridges have been recovered from the possession of the petitioner.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.22992 of 2020(2) dt.09-09-2020 2/2 petitioner has falsely been implicated in this case with oblique motive He further submit that one of the co-accused, namely, Surendra Yadav, has been granted bail by this Court, vide order, dated 18.06.2020, passed in Criminal Misc. No. 20084 of 2020. He further submits that the petitioner is in custody since 22.04.2020.

After having heard learned Counsel for the parties and taking into consideration the materials available on record, I am inclined to grant regular bail to the petitioner. This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Banka, in connection with Belhar Police Station Case No. 135 of 2020.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √