Patna High CourtCR. MISC./27629/2017allowed

Kanhiya Kumar @ Mirtunjay Kumar Jha v. The State Of Bihar

2017-07-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27629 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Kanhiya Kumar @ Mirtunjay Kumar Jha Son of Pramod Kumar Jha, Resident of Village- Ramapur Maheshpur P.S. Tajpur, District Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Lal For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner. No one appears on behalf of the State to assist the Court. In the absence of assistance from the State Counsel, the Court is constrained to go through the records of the case.

The petitioner is in custody in connection with Tajpur P.S. Case No. 20 of 2017 for the offences under Sections 25(1-B)A/26 of the Arms Act.

From the FIR lodged at the instance of SHO, Tajpur Police Station, it appears that during search the petitioner was apprehended along with a revolver and cartridges. Counsel for the petitioner submits that the preparation of the seizure list is concocted. In fact, nothing was seized or recovered from the possession of the petitioner. He was

Patna High Court Cr.Misc. No.27629 of 2017 (2) dt.06-07-2017 2/2 arrested while sleeping in his room. The petitioner is in custody since 26.1.2017.

Having regard to the fact that the petitioner is in custody since 26.1.2017 and charge sheet has already been submitted in this case, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur or the successor Court in connection with Tajpur P.S. Case No. 20 of 2017, subject to the condition that the petitioner will extend full cooperation in conclusion of the trial and will not, in any manner, tamper with the evidence or influence the witnesses.

(Anil Kumar Upadhyay, J) S.Pandey/- U T