Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29483 of 2022 Arising Out of PS. Case No.-234 Year-2021 Thana- HUSSAINGANJ District- Siwan ====================================================== KANHAIYA KUMAR SON OF NARESH YADAV RESIDENT OF VILLATE - SIDHWAL PS- HUSSAINGANJ DIST- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in Hussainganj P.S. Case no. 234/2021 registered for the offences punishable under sections 25(IB)a, 26, 35 of the Arms Act. As per allegation, police raided the house of this petitioner and recovered two pistols from bed room of the petitioner and on the disclosure statement made by the petitioner and co-accused, police also recovered five pistols and 35 cartridges from petitioner's house kept in a box as well as knife and gold ornaments. The main submissions advanced by Sri Surendra Kumar Mishra, the learned counsel for the petitioner are that as per FIR some ornaments are alleged to have been recovered but seizure list

Patna High Court CR. MISC. No.29483 of 2022(2) dt.22-08-2022 2/2 goes to show that no such recovery was made as there is no such detail in the seizure list, against the petitioner, there is only statement of co-accused Suresh Choudhary which has no evidenciary value. Further submission is that petitioner has been languishing in jail since 22.9.2021 and co-accused persons, namely, Sonu Kumar and Manish Kumar Yadav have been granted bail by a coordinate bench of this court vide orders passed in Cr. Misc. no. 5446 of 2022 and Cr. Misc. no.6323 of 2022.

Sri Akshay Lal Pandit, learned APP appearing for the State has opposed the prayer for bail.

Heard both sides, perused the FIR and seizure list attached to the FIR. As per allegation in the FIR, seven firearms including knife and gold ornaments were recovered from the house of the petitioner and some of the arms were recovered on the disclosure made by this petitioner, the allegation appearing against the petitioner seems to be more serious than the co-accused who are on bail. Accordingly, petitioner's case does not stand on similar footing. Considering these facts, in the opinion of this Court, petitioner does not deserve to the privilege of bail and accordingly his prayer for bail stands rejected.

(Shailendra Singh, J) s.hassan/- U T