Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59380 of 2023 Arising Out of PS. Case No.-146 Year-2023 Thana- SIDHWALIYA District- Gopalganj ====================================================== Dhiraj Kumar S/O Bharat Singh R/O Village- Shemera Nijamat, Ps. Sahebganj, Dist. Muzaffarpur ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 60728 of 2023 Arising Out of PS. Case No.-146 Year-2023 Thana- SIDHWALIYA District- Gopalganj ====================================================== Kundan Kumar Son Of Late Wakil Rai Resident Of Village- Madhopur Hazari, Ps- Sahebganj, Distt- Muzaffarpur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 59380 of 2023) For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Lalan Kumar (In CRIMINAL MISCELLANEOUS No. 60728 of 2023) For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 413, 414, 398/34 of the Indian Penal Code and

Patna High Court CR. MISC. No.59380 of 2023(3) dt.07-11-2023 2/3 Sections 25(1-B) a, 26, 35 of the Arms Act.

There is recovery of cash of Rs. 8000/-, one Swift Dezire car from the possession of petitioner Kundan Kumar whereas from the possession of petitioner Dhiraj Kumar, one loaded country made pistol and two live cartridges were recovered.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioners have no concern either with the seized vehicle or the arms. The petitioners are languishing in custody since 06.05.2023.

In Contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.59380 of 2023(3) dt.07-11-2023 3/3 (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gopalganj in connection with Sidhwalia P.S. Case No. 146 of 2023.

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