Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50287 of 2019 Arising Out of PS. Case No.-164 Year-2019 Thana- DANAPUR District- Patna ====================================================== KUNDAN KUMAR, S/O Raj Kumar Singh, R/o Chitrakut Nagar, Road No. - 01, P.S. - Danapur, Distt. - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

According to FIR, co-accused Pinku Jaiswal and Ranjeet Jaiswal allegedly fired and caused injury to the son of the informant as a result whereof son of the informant died. Petitioner is not named in the FIR.

Learned counsel for the petitioner submits that Kaushal Kumar Jaiswal has already been allowed bail by a Coordinate Bench of this Court vide order dated 20.06.2019 passed in Cr. Misc. No. 37378 of 2019 (Annexure-2). Learned counsel for the informant submits that name of the petitioner surfaced in the confessional statement of co-

Patna High Court CR. MISC. No.50287 of 2019(2) dt.22-08-2019 2/2 accused, namely, Amit Kumar and thereafter the firearm as well as motorcycle, used in the occurrence, was recovered from the house of the petitioner. Petitioner has got no criminal antecedent.

Considering the entire facts especially the fact that the petitioner is not named in the FIR and the assailants are named in the FIR, let the petitioner, above named, be released on bail after completion of investigation of the case against the petitioner on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Danapur Police Station Case No. 164 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T