Kundan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28543 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- BODHGAYA District- Gaya ====================================================== KUNDAN KUMAR SINGH S/o Durga Singh Resident of Village- Nima Budhoul Vishunpur, P.S.- Amas, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Sharma For the Opposite Party/s :
Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-11-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.
The petitioner seeks regular bail in connection with Bodh Gaya P.S. Case No. 18 of 2020 registered for the offences punishable under Sections 414 of the Indian Penal Code and Sections 25 (1-b)a/26/35 of the Arms Act.
The allegation, as per the First Information Report, is that in course of investigation of Bodh Gaya P.S. Case No. 333 of 2019, one Rahul Pandey was apprehended and upon enquiry, he disclosed that some persons were planning to commit murder of Chunchun Pandey etc. and on the basis of statement made by Rahul Pandey, the police arrived and conducted raid in the house of Gauri Shankar Pandey and recovered one loaded pistol,
Patna High Court CR. MISC. No.28543 of 2020(2) dt.12-11-2020 2/3 mobile phones and Rs. 42,280/- cash and one mobile phone has been recovered from the petitioner.
Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and from perusal of the First Information Report and the seizure list, it would be evident that only one mobile phone has been recovered from the possession of the petitioner and no incriminating article has been recovered from possession of the petitioner. He further submits that for the same occurrence, another case, being Bodh Gaya Police Station Case No. 17 of 2020, has been lodged and the petitioner has been granted bail in connection with Bodh Gaya Police Station Case No. 17 of 2020, vide order passed in Criminal Misc. No. 26437 of 2020. He further submits that the petitioner is in custody since 12.01.2020.
After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 12.01.2020, I am inclined to grant bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with
Patna High Court CR. MISC. No.28543 of 2020(2) dt.12-11-2020 3/3 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Bodh Gaya Police Station Case No. 18 of 2020. It is further made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √