Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27825 of 2020 Arising Out of PS. Case No.-255 Year-2019 Thana- KARJA District- Muzaffarpur ====================================================== KUNAL KUMAR Son of Randhir Kumar Resident of Village - Rupauli, P.S.- Saraiya, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha, Adv.

For the Opposite Party/s :

Dr. Indeever Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-11-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through virtual court proceedings.

Since the physical court proceeding is non-functional, due to present pandemic COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 414 of the Indian Penal Code and Sections 25 (1-b)a/26/35 of the Indian Penal Code.

Patna High Court CR. MISC. No.27825 of 2020(2) dt.05-11-2020 2/3 Prosecution case as lodged by the police personnel is that on 16.09.2019, police were on evening patrolling and after 100 meters away from Karja Police Station, three persons were standing with two motorcycles beside the road near pan shop. After seeing the police, two persons with a motorcycle succeeded to flee away but one person with a motorcycle was caught. After search before two independent persons, two loaded pistols with four cartridges were recovered from him along with a without registration motorcycle and a mobile phone with six sims. After demanding paper, they could not produce any paper.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that date of occurrence is 16.09.2019 but the FIR was lodged on 18.09.2019 and there was no explanation for the said delay. He further submits that petitioner is languishing in judicial custody since 18.09.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Karja

Patna High Court CR. MISC. No.27825 of 2020(2) dt.05-11-2020 3/3 Police Station Case No. 255 of 2019.

(Anjani Kumar Sharan, J) devendra/- U T