Patna High CourtCR. MISC./3784/2024bail granted

Kundan Kumar v. The State Of Bihar

2024-09-27Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3784 of 2024 Arising Out of PS. Case No.-349 Year-2023 Thana- KOTWALI District- Munger ====================================================== Kundan Kumar Son Of Ram Sah Resident Of Mohalla - Jarbehra, P.S. - Kotwali (Basudeopur O.P.), District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-09-2024 Heard the learned counsel for the petitioner and the learned APP for the State.

2. The petitioner seeks regular bail in connection with Kotwali P.S. Case No. 349 of 2023, registered for the offences under Sections 302, 326, 307, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. I have seen the report of the Superintendent of Police, Munger dated 12.09.2024. He has reported that one of the accused Deepak Kumar is serving in C.R.P.F. and on the date of occurrence, he was serving in the state of Assam. He further reported that there is no material to connect the coaccused Deepak Kumar with the crime.

4. As per the prosecution case, the criminals indiscriminately fired upon the father and brother of the

Patna High Court CR. MISC. No.3784 of 2024(5) dt.27-09-2024 2/3 informant. Both the father and brother of the informant received gun shot injury as a result of which, the informant's father died on spot.

5. Learned counsel for the petitioner submits that the name of this petitioner has come during investigation. The role of the petitioner is that he had kept the weapon used in the crime which has been recovered from him. The petitioner is in jail since 23.08.2023 and has clean antecedent.

6. Learned A.P.P. has vehemently opposed the prayer for bail.

7. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger/ concerned Court below in connection with Kotwali P.S. Case No. 349 of 2023 subject to conditions that:- (i). The petitioner will mark his attendance at the Kotwali (Basudeopur O.P.) Police Station on the first and third Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial.

Patna High Court CR. MISC. No.3784 of 2024(5) dt.27-09-2024 3/3 (iii). Before accepting the bailbond of the petitioner, the court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, the bail-bond of the petitioner shall be accepted. If the petitioner is found having criminal antecedent(s), his bail-bond shall not be accepted by the court below.

(Sandeep Kumar, J) Shishir/- U T