Patna High CourtCR. MISC./15557/2018rejected

Kanhaiya Kumar Singh @ Kanhaiya Singh v. The State Of Bihar

2018-03-19Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15557 of 2018 Arising Out of PS.Case No. -173 Year- 2017 Thana -GAYGHAT District- MUZAFFARPUR ====================================================== Kanhaiya Kumar Singh @ Kanhaiya Singh, son of Sri Mahendra Singh, Resident of Village- Narha, Police Station- Mejarganj, District- Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-03-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Gay Ghat P.S.Case No. 173 of 2017 registered under Sections 147, 148, 149, 323, 341, 342, 364 and 511, of the Indian penal Code and Sections 25(1-b)a, 26,35 and 27 of the Arms Act. Allegation in brief is that petitioner along with others went to the house of the informant and made an attempt to kidnap him, but out of those miscreants, two were apprehended including the petitioner and a country made pistol and live cartridges were recovered along with knife.

Submission is that alleged offence under Arms Act is bailable one as the arms were produced and the petitioner had gone along with Sonu and Monu in order to collect due money with the informant and copy of the seizure list was not given to the

Patna High Court Cr.Misc. No.15557 of 2018 (2) dt.19-03-2018 2/2 petitioner.

Learned counsel for the State submits that petitioner along with others were apprehended by the local people while making attempt of kidnapping and arms is also recovered from his possession moreover he has three criminal antecedents of serious nature.

Having considered the aforesaid facts and circumstances, the prayer of bail of the petitioner is rejected. (Arun Kumar, J) Sujit/- U T