Kanhaiya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56186 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== KANHAIYA KUMAR Son of Sunil Kumar Singh @ Sunil Singh Resident of Village-Badi Eghu, Ward No. 45, P.S.-Mufassil, District-Begusarai ... ... Petitioner/s
Versus
THE STATE OF Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Thakur Brajesh Singh For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 393, 397, 398, 414 of the Indian Penal Code and Sections 25 (1B)A/26/35 of the Arms Act. As per allegation in the FIR, petitioner and his associates were apprehended on spot while they were trying to commit the crime. One auto pistol having three live cartridges and one POCO mobile phone were recovered from the possession of the petitioner.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The seized arms were planted one by the police officials to make the
Patna High Court CR. MISC. No.56186 of 2023(2) dt.05-09-2023 2/2 case grievous. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner is languishing in judicial custody since 24.1.2023. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with S. Kamal P.S. Case No. 18 of 2023.
(Sunil Kumar Panwar, J) sushma/- U