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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50685 of 2016 Arising Out of PS.Case No. -195 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. KANHAIYA KUMAR @ KANHIAYA KUMAR SINGH @ KANHAIYA RAM Son of Shivam Ram Resident of village - Bhikhanchak, P.S. Bachhwara, District Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar, Advocate For the Opposite Party/s : Mr. Md. Ashlam Ansari, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 23.04.2016 in connection with Begusarai Town P.S. Case 195 of 2016 for offences alleged under Sections 399, 402 of the Indian Penal Code, 25(1-B)a, 26, 35 of the Arms Act and 53(A) and 54 of the Bihar Excise Amendment Act.

The prosecution case is that during patrolling the police found that the petitioner was carrying a country made pistol with live cartridges.

Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in the aforesaid case. Charge-sheet has already been submitted and there is no question of tampering with the evidence.

However, learned APP for the State submits

Patna High Court Cr.Misc. No.50685 of 2016 (2) dt.24-11-2016 that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

From the materials available does not warrant further detention of the petitioner in custody as liberty of bail to the petitioner would not affect his trial, hence in the interest of justice, petitioner, above named, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town P.S. Case No. 195 of 2016. This direction of bail is further subject to the condition that the accused petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear before the learned Court below as and when directed.

With these observations and directions, this application stands allowed.

(Nilu Agrawal, J) P.K./- U T