IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11150 of 2022

Arising Out of PS. Case No.-168 Year-2021 Thana- BELDOUR District- Khagaria

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KUNDAN KUMAR SON OF NAND KISHOR SINGH RESIDENT OF

VILLAGE- TELIHAR, WARD NO. 3, P.S.- BELDAUR, DISTRICT-

Khagaria

... ... Petitioner/s

Versus

The State of Bihar BIHAR

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Indrajit Kumar

For the Opposite Party/s :

Mr.Shailendra Kumar Singh

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

2

22-07-2022

Heard learned counsel for the petitioner and learned APP

for the State through virtual court proceedings.

Learned counsel for the petitioner undertakes to remove

the defects within four weeks of resumption of normal court

proceedings. In the eventuality of non-removal of defects within

stipulated period, office will place the matter before the Bench.

At the very outset, learned counsel for the petitioner seeks

permission of this Court to make correction in the district name

mentioned in the vakalatnama, which has been wrongly

mentioned as Begusarai in place of Khagaria.

He is permitted to do so.

Petitioner apprehends his arrest in connection with a case

Patna High Court CR. MISC. No.11150 of 2022(2) dt.22-07-2022

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registered for the offence punishable u/s 25(I-b)a Arms Act and

37(c) of the Excise Act.

The allegation against the petitioner is that he was

celebrating new year in a drunken position handed over with

Arms.

Learned counsel for the petitioner submits that petitioner

is quite innocent and has not committed any offence as alleged

in the FIR. Petitioner has been falsely implicated in this case at

the instance of his enemies. Petitioner has neither been

apprehended on the spot nor any incriminating article has been

recovered from his conscious physical possession. The

occurrence took place on 01.01.2021 and the F.I.R. was lodged

on 30.07.2021 i.e. after delay of six months, without giving any

plausible explanation about the delay. This creates doubt about

the prosecution case. The F.I.R. was lodged only on the basis of

viral video and it has no evidentary value. Petitioner has no

criminal antecedent, as also mentioned in para-3 of the bail

application.

Petitioner is agreed to deposit a sum of Rs. 10,000.00/-

(Rupees Ten Thousand) in the Patna High Court Legal Services

Committee, Patna bearing Account No.1413010060836, IFSC

PUNB0141320, Punjab National Bank, Bar Council Branch,

Patna High Court CR. MISC. No.11150 of 2022(2) dt.22-07-2022

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Patna.

Considering the aforesaid facts and circumstances, let the

petitioner named above, in the event of his arrest/surrender

before the learned court below within a period of six weeks

from today, be released on anticipatory bail, on furnishing bail

bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two

sureties of the like amount each to the satisfaction of the learned

Court below, where the case is pending/Successor court, in

connection with Beldaur P.S. Case No.168 of 2021, subject to

the condition as laid down under Section 438 (2) of the Cr.P.C,

as also the following conditions.

(1)

That one of the bailors will be a close relative of

the petitioner, who will give an affidavit giving genealogy as to

how he is related with the petitioner. He will also undertake to

inform the Court if there is any change in the address of the

petitioner.

(2)

The bailor shall also state on affidavit that he will

inform the Court concerned if the petitioner is implicated in any

other case of similar nature and thereafter the Court below will

be at liberty to initiate proceeding for cancellation of

anticipatory bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the

Patna High Court CR. MISC. No.11150 of 2022(2) dt.22-07