Kunal Kumar @ Fekan @ Kunal Singh @ Fekna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84536 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Kunal Kumar @ Fekan @ Kunal Singh @ Fekna, S/O Sanjay Singh, Resident of Village- Vishnupur Ahok, Ward No.- 13, P.S- Sahebpur Kamal, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sarvottam Kumar, Advocate For the Opposite Party/s :
Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner and Mr. Ram Bilash Roy Raman, learned APP for the State.
2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sahebpur Kamal Thana P.S. Case No. 132 of 2024 instituted for the offence under Sections 307, 353, 120(b) and 34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act and Sections 8, 20(b)(ii)(B) of the N.D.P.S. Act.
3. The case of the prosecution is that the police chased certain miscreants and apprehended Raushan Kumar, Raja Kumar and Golu Kumar. From their possession, illegal arms and ganja were recovered.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.84536 of 2024(2) dt.13-12-2024 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that from perusal of the F.I.R., it is clear that name of this petitioner is not there in the F.I.R. It is clear from perusal of the order of the trial Court that his name surfaced in the confessional statement of co-accused Raja Kumar. In para 17 of the case diary, it has been submitted that nothing has been recovered from possession of this petitioner. From the confessional statement, it is only apparent that the petitioner was present at the time of occurrence but he fled away. He is having no criminal antecedent.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sahebpur Kamal Thana P.S. Case No. 132 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions
Patna High Court CR. MISC. No.84536 of 2024(2) dt.13-12-2024 3/3 Judge, Begusarai, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) lata/- U T