Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16126 of 2021 Arising Out of PS. Case No.-386 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== KANHAIYA KUMAR S/O SUNIL RAM R/O MOHALLA-AMBEDKAR NAGAR, P.S.-BAKHTIYARPUR, DISTRICT- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Satyadeo Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-10-2021 Heard the parties.

The petitioner is languishing in custody for the offence punishable under Section 412 of the Indian Penal Code and Sections 8/20 of the N.D.P.S. Act and Sections 25(1-b)a, 26 and 35 of the Arms Act.

Submission is that more than 2 Kg of ganja and a pistol was recovered from the room of co-accused Kundan Kumar and the petitioner was also there. Hence the petitioner was implicated in this case. Petitioner is in custody since 24.12.2019. Petitioner has got no criminal antecedent. Considering lack of sufficient material against the petitioner for further detention as under trial prisoner after completion of investigation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.16126 of 2021(3) dt.04-10-2021 2/2 satisfaction of the learned Court-below where the case is pending in connection with Special Case No. 177 of 2019 arising out of Bakhtiyarpur P.S. Case No. 386 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T