Kunal Singh @ Kunal Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40170 of 2014 Arising Out of PS.Case No. -47 Year- 2014 Thana -NAYAGAON District- BEGUSARAI ====================================================== Kunal Singh @ Kunal Kumar Singh s/o Sri Kritya Nand Singh, r/o Village Bagdov, P.s. Nayagaown, district Begusarai.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 21-01-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation against the petitioner for the offences punishable under Sections-25(1-B)a/26 of the Arms Act and the fact that he has got no criminal antecedent, his remaining in jail custody since, 11.06.2014 i.e., for a period of six months for alleged recovery of a country made pistol and one cartridge, will definitely entitle the petitioner to be released on bail.
That being so, this Court would direct for release of the petitioner namely, Kunal Singh @ Kunal Kumar Singh on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of J.M., 1st Class, Begusarai in
Patna High Court Cr.Misc. No.40170 of 2014 (3) dt.21-01-2015 connection with Nayagaon P.S. Case No. 47 of 2014, subject to the following conditions:- (i) That both the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.
(iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given
Patna High Court Cr.Misc. No.40170 of 2014 (3) dt.21-01-2015 dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone. (Mihir Kumar Jha, J) Ranjan/- U