Kundan Kumar vs State Of Bihar

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.

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.

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.

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.

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.

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 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.

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.

The application stands disposed off in the aforementioned terms.