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Patna High CourtCR. MISC./49573/2023allowed

Kanhaiya Kumar v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49573 of 2023 Arising Out of PS. Case No.-144 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== Kanhaiya Kumar S/O Late Laxmi Sah @ Lakshmi Sah R/O VillageRaniganj, Ward No. 7, P.S- Chakiya, Distt.- East Champaran (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Sheela Pandey For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 25(1-B) a, 26, 35 of the Arms Act and Sections 20(B)(ii)(c), 22, 24 of the N.D.P.S Act.

It is alleged that on getting information that miscreants have assembled to distribute the money robbed from a bank, raid was laid and four accused persons including the petitioner were arrested and from

Patna High Court CR. MISC. No.49573 of 2023(3) dt.12-10-2023 2/3 their possession, country made pistol, charas were recovered.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has still not been put on T.I.P. The petitioner is languishing in custody since 20.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, East Champaran, Motihari in

Patna High Court CR. MISC. No.49573 of 2023(3) dt.12-10-2023 3/3 connection with Chakia P.S. Case No. 144 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T