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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48245 of 2022 Arising Out of PS. Case No.-116 Year-2022 Thana- SUPPI District- Sitamarhi ====================================================== KANHAIYA KUMAR @ KANHAIYA THAKUR @ KANHAI THAKUR Sonof Surendra Thakur Resident of Village - Manik Chak Dhanhara, Ward No.1, @ Manik Chaouk Dhanhara Tola, P.s.- Runni Saidpur, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sushil Kumar Jha For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-12-2022 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 through video-conferencing. The petitioner has preferred this application for grant of regular bail in a case registered under sections 399 and 402 of the Indian Penal Code and 25(1B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, the police received information that six-seven miscreants were planning to commit crime. A raid was conducted by the police and six miscreants tried to flee away but were apprehended. On search, one loaded

Patna High Court CR. MISC. No.48245 of 2022(2) dt.09-12-2022 2/2 desi pistol was recovered from the waist of the petitioner. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 28.04.2022.

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 detention, 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, Sitamarhi in connection with Suppi P.S. Case No. 116 of 2022.

The application stands allowed.

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