Kanhaiya Kumar @ Kanhaiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12738 of 2021 Arising Out of PS. Case No.-465 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== Kanhaiya Kumar @ Kanhaiya Son of Kishan Ram @ Krishan Ram @ Krishna Ram Resident of Village- Pachna Road, Ward No. 22, Police StationLakhisarai (Kabaiya) , District- Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Lakhaisarai (Kabaiya) P.S. Case No.465 of 2020, registered for the offences punishable under Sections 400, 120(B), 109 of the Indian Penal Code and Sections 25(1-b)A/26(2)/35 of the Arms Act. Prosecution case, in brief, is that on search, the police has recovered one pistol and nine cartridges from a Scorpio Vehicle.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the FIR. It is submitted that the petitioner is owner of the Scorpio vehicle. It

Patna High Court CR. MISC. No.12738 of 2021(2) dt.03-12-2021 2/2 is further submitted that as the petitioner is the owner of the Scorpio vehicle, therefore, he has been made accused in the present case. It is also submitted that the petitioner has got no criminal antecedent as stated in para 3 of the bail petition. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Having considered the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of CJM, Lakhisarai in connection with Lakhaisarai (Kabaiya) P.S. Case No.465 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J.) Sanjay/- U T