Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62997 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- NAUBATPUR DistrictPatna ====================================================== KUNDAN KUMAR Son of Suresh Mahto Resident of Village - Bhawanichak, Amarpura, P.S.- Naubatpur, Distt.- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjay Kumar Singh, Advocate.

For the Opposite Party:

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 506, 384, 386, 387 and 34 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Naubatpur P.S. Case No. 17 of 2019.

3. It is submitted that the petitioner has been falsely implicated merely on suspicion and he is not named in the F.I.R. The petitioner's name has transpired during course of investigation. It is further submitted that no allegation has been made in the F.I.R. with regard to demand of extortion money by anyone. No recovery of any incriminating articles has been made from the conscious possession of the petitioner. The petitioner is accused in one prior case under the Arms Act in which is he on bail.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named

Patna High Court CR. MISC. No.62997 of 2019(2) dt.17-10-2019 2/2 petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial MagistrateII, Danapur, Patna in connection with Naubatpur P.S. Case No. 17 of 2019, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T