Kundan Kumar @ Parwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25728 of 2020 Arising Out of PS. Case No.-509 Year-2019 Thana- RAJIVNAGAR District- Patna ====================================================== Kundan Kumar @ Parwal Son of Shyam Nath Prasad Resident of Mohalla - Rajeev Nagar, Road No. 23, Amrudi Bagicha, P.S. - Rajeev nagar, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Adv.

For the Opposite Party/s :

A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-09-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for regular bail has been filed by the petitioner in connection with Rajiv Nagar P.S. Case no. 509 of 2019 registered under section 387 of the Indian Penal Code and sections 25(1-B)(a) and 26 of the Arms Act. As per allegation in the FIR, on receiving information on mobile with respect to the petitioner from his father that the petitioner was making an attempt to kill him and his wife, it is stated that informant reached the place of occurrence, caught hold of the petitioner and on search a pistol was recovered from his waist.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.25728 of 2020(2) dt.30-09-2020 2/2 that from perusal of the F.I.R. it would be evident that the person who is stated to have given information happens to be the father of the petitioner. It was more of a family dispute which has been blown out of the proportion. It is for this reason that the mother of the petitioner, who as per F.I.R. is stated to have been threatened by the petitioner, has sworn the affidavit in this application praying for grant of bail to the petitioner. The petitioner is in custody since 7.10.2019.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner being in custody since 7.10.2019, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Rajeev Nagar P.S. Case no. 509 of 2019 on his furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Patna. (Partha Sarthy, J) Bibhash/- U T