Patna High CourtCR. MISC./57447/2019bail granted

Kundan Kumar v. The State Of Bihar

2019-09-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57447 of 2019 Arising Out of PS. Case No.-153 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Kundan Kumar S/o Mahesh Paswan R/o village- Dighi Kala East, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 399, 402, 414, 120(B) of the Indian Penal Code and Sections 25(1-b)A, 26, 35 of the Arms Act.

Prosecution case, in short, is that the police on information that some miscreants have assembled to commit robbery raided the place and the accused persons tried to flee away, however, some of them were caught and there is recovery of one country made pistol along with two live cartridges. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.03.2019 and has got no criminal antecedent. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged

Patna High Court CR. MISC. No.57447 of 2019(2) dt.11-09-2019 2/2 against the petitioner. The petitioner had no knowledge that the mobile in question is stolen property. One country made pistol along with two live cartridges are said to have been recovered. There is no compliance of Section 100 of Cr.P.C. Other coaccused have been granted bail vide Cr.Misc.No.38402 of 2019, 39525 of 2019 and 55638 of 2019.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. case No.153 of 2019.

(Sudhir Singh, J) Narendra/- U T