Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12380 of 2021 Arising Out of PS. Case No.-270 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== KANHAIYA KUMAR S/o Ram Balak Singh Resident of Village-Bishnupur Chaturbhuj, P.S.-Muffasil (Ratanpur O.P.), District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh, Advocate For the State :

Ms. Pronoti Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Town (Ratanpur O.P.) P.S. Case no. 270 of 2020 registered under sections 25(1-B)(a), and 26 of the Arms Act.

As per allegation in the FIR, a country-made pistol loaded with three cartridges was recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession and he has been falsely implicated in the case. He is in custody since 28.5.2020 and charge-sheet has been submitted.

Patna High Court CR. MISC. No.12380 of 2021(2) dt.16-06-2021 2/2 The application for bail is opposed by learned Additional Public Prosecutor for the State who submits that besides the recovery from the petitioner, the petitioner has criminal antecedents.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for over one year, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Town (Ratanpur O.P.) P.S. Case no. 270 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai.

(Partha Sarthy, J) Prakash/- U