Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62817 of 2024 Arising Out of PS. Case No.-302 Year-2024 Thana- MUFFASIL District- West Champaran ====================================================== Kanhaiya Kumar S/O Ram Grahi Patel @ Ramgruhi Patel@Ramgiri Prasad R/O Village Baswariya Pipal Chowk, Ps Bettiah Town, District West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bettiah Muffasil P.S. Case No. 302 of 2024 instituted for the offence under Sections 399, 402 & 414 of the Indian Penal Code and Sections 25(1-B)(a), 26 & 35 of the Arms Act. 3.

Prosecution case in short is that on secret information police party reached at the place of occurrence and apprehended six accused persons. On search, there is recovery of one loaded country made pistol from the possession of the co-accused, namely, Himanshu Kumar, one country made pistol and motorcycle from the possession of the co-accused, namely, Sahebjaan, one bore magazine of pistol from the possession of

Patna High Court CR. MISC. No.62817 of 2024(2) dt.06-09-2024 2/3 co-accused, namely, Bholi Mukhiya and one cartridge & motorcycle were recovered from co-accused, namely, Anand Kumar.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02-06-2024. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that petitioner was neither part of any group of goons nor he knows anything about the co-accused persons. Nothing has been recovered from the possession of the petitioner. Petitioner has no concern with the motorcycle. There is no compliance of Section 100 of the Cr.P.C. It is lastly submitted that charge sheet has been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clan antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.62817 of 2024(2) dt.06-09-2024 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bettiah Muffasil P.S. Case No. 302 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T