Kundan Singh @ Kundan Kumar vs The State Of Bihar
2021 Latest Caselaw 608 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 3371 of 2021
   Arising Out of PS Case No.-351 Year-2019 Thana- JEHANABAD District- Jehanabad
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Kundan Singh @ Kundan Kumar, aged about 26 years, Gender-Male, Son of Satyendra Singh, Resident of Village - Shahwajpur, PS - Jehanabad (Kalpa OP), District - Jehanabad.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand, Advocate For the State : Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Vijay Anand, learned counsel for the

petitioner and Mr. Choubey Jawahar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner is in custody in connection with

Jehanabad (Kalpa OP) PS Case No. 351 of 2019 dated

05.05.2019, instituted under Sections 147, 148, 149, 302, 120B,

324 of the Indian Penal Code and 27 of the Arms Act.

4. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by order dated 02.12.2019 in Cr.

Misc. No. 77330 of 2019.

Patna High Court CR. MISC. No.3371 of 2021 dt.03-02-2021

5. The allegation against the petitioner and eight others

is of firing on the deceased who was the father of the informant,

resulting in his death.

6. Learned counsel for the petitioner submitted that in

the main FIR, there is general and omnibus allegation of

indiscriminate firing against all accused including the petitioner.

However, it was submitted that one witness has stated that six

accused persons had opened fire in which the petitioner is also

included. Learned counsel submitted that the petitioner had no

dispute with the deceased and is related with the person who may

have some land dispute. It was submitted that there is no specific

allegation that the petitioner was the only assailant. It was further

submitted that the petitioner is in custody since 14.08.2019.

Learned counsel submitted that the petitioner has no other

criminal antecedent.

7. Learned APP submitted that the petitioner was also

one of the persons who had fired on the deceased.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Chief Judicial Patna High Court CR. MISC. No.3371 of 2021 dt.03-02-2021

Magistrate, Jehanabad in Jehanabad (Kalpa O.P.) PS Case No. 351

of 2019 subject to the conditions (i) that one of the bailors shall be

a close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall also give an

undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T