Kavindra Kumar @ Kabindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22322 of 2018 Arising Out of PS. Case No.-90 Year-2017 Thana- DEORIYA District- Muzaffarpur ====================================================== Kavindra Kumar @ Kabindra Kumar Son of Bhuna Sahani @ Bhuvneshwar Sahani Resident of Village : Nirpur Chowk, Police Station : Sahebganj, District : Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prafull Chandra Jha For the Opposite Party/s :

Mr. Pancha Nand Pandit ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 15.12.2017 in connection with Deoriya P.S. Case No. 90 of 2017, G.R. No. 3034 of 2017 for offences punishable under Sections 399, 402, 414, 34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

The prosecution case, as lodged by the informant police personnel, is that on secret information that some persons have assembled to commit crime, the police conducted a raid and apprehended the petitioner along with other accused persons and on search stolen arms and ammunitions were recovered. Petitioner is alleged to have possessed one country-made

Patna High Court Cr.Misc. No.22322 of 2018(2) dt.19-04-2018 2/3 pistol loaded with one live cartridge and three more cartridges. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case due to highhandedness of the police. He submits that no overt act has been committed, nothing has been recovered from his conscious possession and charge-sheet has already been submitted. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur, in connection with Deoriya P.S. Case No. 90 of 2017, G.R. No. 3034 of 2017, subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(ii) If the petitioner indulges in an offence of similar

Patna High Court Cr.Misc. No.22322 of 2018(2) dt.19-04-2018 3/3 nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T