Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55046 of 2021 Arising Out of PS. Case No.-368 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== KUNAL KUMAR S/O PRADIP RAY RESIDENT OF VILLAGE- SEMARA P.S.- SONEPUR DIST.- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 399, 402, 413 and 414 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, on having received information about the accused persons having gathered and planning to given effect to an occurrence it is stated that a raid was conducted. The petitioner was caught at the place of occurrence and from possession of the petitioner a loaded country-made kutta and a live cartridge was recovered. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case because

Patna High Court CR. MISC. No.55046 of 2021(2) dt.05-04-2022 2/2 of his antecedent. He is in custody since 19.9.2019. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for more than 2 years, the petitioner is directed to be enlarged on bail in connection with Bidupur P.S. Case no. 368 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Partha Sarthy, J) Spd/- U T