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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32821 of 2015 Arising Out of PS.Case No. -487 Year- 2014 Thana -SHEIKHPURA District- SEKHPURA ====================================================== Kundan Kumar @ Kundan Kumar Yadav, S/o Sri Triloki Yadav, R/o Village- Titaychak P.S- Chanan , Dist- Lakhisarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prakash Mahto, Advocate For the Opposite Party/s : Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 20-08-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402, 364/511 of the Indian Penal Code.

The petitioner along with others was travelling by a vehicle from which arms and ammunitions were recovered from some of the accused including the petitioner. Thereafter, Sheikhpura P.S. Case No.486/2014 was instituted for the offence punishable under Sections 25 (1-B)a, 26 and 35 of the Arms Act and Section 3⁄4 of Explosive Substances Act.

It is submitted that this case has been lodged only on the basis of confession of the co-accused including the petitioner. The

Patna High Court Cr.Misc. No.32821 of 2015 (2) dt.20-08-2015 2/2 accused were planning to commit the offence. In similar facts and circumstances, the co-accused Bablu Ram has been granted bail vide Cr. Misc. no.27220 of 2015.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in Sheikhpura P.S. Case No. 487 of 2014 with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T