Patna High CourtCR. MISC./86425/2023allowed

Kundan Kumar Yadav @ Kundan Kumar v. The State Of Bihar

2024-01-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86425 of 2023 Arising Out of PS. Case No.-418 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== Kundan Kumar Yadav @ Kundan Kumar S/O Dinesh Yadav Vill- Fatehpur, Ward No. 4, Ps- Sonbarsha Raj, Dist- Saharsha. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 25(1-B) a, 26, 35 of the Arms Act.

There is recovery of one country made pistol from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized arms. The

Patna High Court CR. MISC. No.86425 of 2023(2) dt.15-01-2024 2/2 petitioner is languishing in custody since 29.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of charge, if the charge has still not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhepura in connection with Murliganj P.S. Case No. 418 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T