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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24799 of 2020 Arising Out of PS. Case No.-241 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== KUNDAN YADAV @ KUNDAN KUMAR YADAV Son of Dilip Yadav @ Dileep Yadav Resident of Village- Madhuban, P.S.- Kusheshwar Asthan, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-09-2020 Heard learned counsel for the parties.

Earlier the bail of the petitioner was rejected vide order dated 07.01.2020 in Criminal Miscellaneous No. 85400 of 2019 with liberty to renew his prayer for bail after completing six months of Jail custody.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under sections 25(1-b)a, & 26 of the Arms Act.

Allegation is of recovery of one country made pistol from the possession of petitioner.

It has been submitted on behalf of the petitioner that petitioner is in custody since 08.10.2019 and has completed

Patna High Court CR. MISC. No.24799 of 2020(2) dt.30-09-2020 2/2 more than six months of Jail custody and has been sufficiently penalized for his deeds. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case and period of custody, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Kusheshwar Asthan P.S. Case No. 241 of 2019 (G.R. No. 689 of 2019), with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U