Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36635 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- DANDARI District- Begusarai ====================================================== KANHAIYA KUMAR SON OF UPENDRA CHAUDHARY RESIDENT OF VILLAGE- KATARMALA, PS- DANDARI, DISTT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Singh For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Dandari P.S. Case No. 15 of 2023 dated 14.3.2023 registered for the offence punishable u/s 25(I-B) a, 26, 35 of the Arms Act.

As per the prosecution case, one country made pistol was recovered from the possession of the co-accused and he has stated that the said arms was given to him by the petitioner, Kanhaiya Kumar.

Patna High Court CR. MISC. No.36635 of 2023(2) dt.07-07-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner rather the recovery is made from the possession of the co-accused. The petitioner is accused in one more criminal case in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 21.3.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Dandari P.S. Case No. 15 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T