Patna High CourtCR. MISC./50452/2017bail granted

Kanhai Kumar Thakur @ Kanhari Kumar Thakur v. The State Of Bihar

2017-10-18Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50452 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Kanhai Kumar Thakur @ Kanhari Kumar Thakur, son of Sri Prem Kishore Thakur, resident of village Harishankar Maniyari, P.S. Maniyari, District Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Saraiya (Jaitpur) P.S. Case No.138/17 registered under Section 25(1-AA)/25 (1AAA)/26 of the Arms Act. As per the prosecution case, one loaded country made pistol and four live cartridges are said to have been 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 conscious physical possession. As a matter of fact, the petitioner was on inimical terms with the Mukhiya and has been falsely implicated in this case and two other cases at the instance of the Mukhiya. Chargesheet has been submitted in this case. The

Patna High Court Cr.Misc. No.50452 of 2017 (02) dt.18-10-2017 2/ 2 petitioner has been languishing in custody since 22.04.2017. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail 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 Subdivisional Judicial Magistrate, West Muzaffarpur in connection with Saraiya (Jaitpur) P.S. Case No.138 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T