Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53922 of 2022 Arising Out of PS. Case No.-33 Year-2022 Thana- NAYAGAON District- Begusarai ====================================================== Kanhaiya Kumar, Son of Sant Kumar Singh, Resident of Village - Hemarpur, Sonapur, P.S.- Nayagaon, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhushan Poddar, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Nayagaon P.S. Case No.33 of 2022, registered for the offence punishable under Sections25(1-b)a/26/35 of the Arms Act. Petitioner along with others allegedly have assembled for plotting some crime. Petitioner is earlier accused in two other cases, as per disclosure made in paragraph 3 of the bail petition. The police party has reached the place from where the petitioner has been arrested and from his possession, a loaded pistol with two live cartridges has been recovered and a Vivo make mobile phone.

Learned counsel for the petitioner submits that the petitioner is in custody since 10.05.2022. The recovery is denied

Patna High Court CR. MISC. No.53922 of 2022(2) dt.10-01-2023 2/3 and disputed as being contrary to the mandatory procedure for seizure. It is also submitted that the petitioner was arrested on 07.05.2022 at Jasidih Junction of Jharkhand, whereafter he has been shown as arrested in this case on 10.05.2022. In this connection, it is submitted that Complaint Case No.9419 of 2022 has been filed.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, the recovery as also the period of custody, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Neha Kumari Bhalotia, learned J.M.-1st, Begusarai, in connection with Nayagaon P.S. Case No.33 of 2022, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.53922 of 2022(2) dt.10-01-2023 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T