Aditya Kumar @ Kanhai Kumar @ Kanhai Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19050 of 2020 Arising Out of PS. Case No.-242 Year-2019 Thana- HATHAURI District- Muzaffarpur ====================================================== Aditya Kumar @ Kanhai Kumar @ Kanhai Singh Son of Arun Singh @ Arun Kumar Singh Resident of Village - Korlahiya Maan Shahi, P.S.- Mahindwara, District- Sitamarhi ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bela Singh, Advocate For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-06-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing.

The petitioner who is in custody since 6.12.2019 has filed the instant application for grant of regular bail in connection with Hathauri P.S. Case no. 242 of 2019 registered under sections 394, 402 and 414 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act. As per allegation in the FIR, secret information was received that 8 to 10 accused persons variously armed have gathered and would be giving effect to some occurrence. On the police party reaching the place where the accused persons had gathered, the accused made an attempt to escape but four of them including the petitioner herein was caught. On search, four live cartridges were recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the allegation of recovery of the four live cartridges is false and concocted. The petitioner has been falsely implicated in this case and is in custody since 6.12.2019.

The application for bail is opposed by learned APP for the

Patna High Court CR. MISC. No.19050 of 2020(2) dt.02-06-2020 2/2 State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the petitioner being in custody since 6.12.2019, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Hathauri P.S. Case no. 242 of 2019 (G.R no. 6515/2019) on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Muzaffarpur.

(Partha Sarthy, J) Prakash/- U