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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86681 of 2019 Arising Out of PS. Case No.-602 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Kunal Kumar @ Kunal Kumar Yadav, Son of Nandlal Yadav, Resident of Village - Naya Tola, Jurabganj, P.S.- Kodha, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uma Shankar Prasad Singh For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Hazipur Sadar P.S. Case No. 602 of 2019, registered under Sections 467, 468 and 414/34 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. The accusation is that in course of patrolling duty, three persons were seen coming in fast speed boarding on two motorcycle. On giving signal to stop the motorcycles, they started to flee away, but on chased, they were apprehended, who disclosed their names as Kunal Kumar Yadav (petitioner), Akash Yadav and Deep Gawala. On search, petitioner was found in possession of one loaded country made pistol and one mobile

Patna High Court CR. MISC. No.86681 of 2019(2) dt.18-01-2020 2/2 set, Akash Yadav was found in possession of one loaded country made pistol and one mobile set and Deep Gawala was also found in possession of one knife and one mobile set. On query, they did not produce papers regarding the aforesaid motorcycles.

Learned counsel for the petitioner submits that while the petitioner is accused in three other cases, i.e., Hajipur Town P.S. Case No. 251 of 2018, in which, he is on bail and Hajipur Town P.S. Case No. 67 of 2018 and Hajipur Industrial P.S. Case No. 153 of 2019, but in both cases, petitioner is not named in the FIR, as detailed in paragraph 3 of the petition and in the present case, he is in custody since 12.09.2019. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released 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 the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 602 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.

Bhardwaj/- (Rajendra Kumar Mishra, J) U T