Kundan Kumar vs The State Of Bihar
2021 Latest Caselaw 16 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.31847 of 2020
 Arising Out of PS. Case No.-191 Year-2020 Thana- PATNA CITY CHOWK District- Patna
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Kundan Kumar, aged 24 years (male), Son of Late Barho Saw @ Baru Saw, R/O - Chhoti Nagla, Adarsh Colony, P.S.- Malsalami, Distt.- Patna.

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

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

For the Petitioner/s    :       Mr. Nityanand Kumar, Advocate
For the State           :       Mr. Lalan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 04-01-2021

Heard Mr. Nityanand Kumar, learned counsel for the

petitioner and Mr. Lalan Kumar, learned Additional Public

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

2. The petitioner is in custody in connection with

Chowk PS Case No. 191 of 2020 dated 01.06.2020 (Special

Case No. 78 of 2020), instituted under Sections 399/402 of the

Indian Penal Code, 25(1-B)(a)/26/35 of the Arms Act and

8/20(b)(ii)(B) of The Narcotic Drugs and Psychotropic

Substances Act, 1985.

3. The specific allegation against the petitioner is that

he was caught along with others from whom there has been

recovery of narcotic but from the petitioner the recovery is of

three live cartridges in a magazine.

Patna High Court CR. MISC. No.31847 of 2020 dt.04-01-2021

4. Learned counsel for the petitioner submitted that

though he is accused in two other cases but his name has been

introduced in those cases after he was caught in the present case.

It was further submitted that the petitioner is in custody since

02.06.2020.

5. Learned APP submitted that from the petitioner,

three live cartridges in a magazine has been recovered.

However, he did not controvert that there is no recovery of any

narcotic from him.

6. 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 Sessions

Judge/Special Judge, Patna in Chowk PS Case No. 191 of 2020

(Special Case No. 78 of 2020), 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 Patna High Court CR. MISC. No.31847 of 2020 dt.04-01-2021

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.

7. However, this order is subject to the main

application supported by affidavit being e filed in this Court by

learned counsel for the petitioner latest by day after tomorrow.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T