Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40601 of 2023 Arising Out of PS. Case No.-138 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Kunal Kumar Son Of Dhirendra Yadav Resident Of Village - Kanp, P.S. - Sour Bazar, Distt. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 of the Indian Penal Code and Sections 25(1-AA), 26 and 35 of the Arms Act.

As per prosecution case, the petitioner and coaccused persons were apprehended on the spot and on search, three pistols, 200 live cartridges, cash Rs. 74,000/- and other articles were recovered from the seized car.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to high handedness of

Patna High Court CR. MISC. No.40601 of 2023(4) dt.19-09-2023 2/2 the police officials. The petitioner has no concern with the alleged recovery and the seizure list has not been prepared as per provision of law. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.02.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Khagaria Muffasil P.S. Case No. 138 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkr/- U T