Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58880 of 2023 Arising Out of PS. Case No.-154 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== Kanhaiya Kumar Son of Late Digamber Jha R/o vill - Dharampur, P.S. - Rosera, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Section 414 of the Indian Penal Code and Sections 25(1-B)A, 26 and 35 of the Arms Act.

3. As per allegation in the FIR, the police party apprehended the petitioner along with other co-accused Vikash Kumar Yadav on the spot with a motorcycle. On search, one country made pistol and two live cartridges were recovered from the possession of the petitioner and one mobile was recovered from pant pocket of co-accused Vikash Kumar Yadav. On asking, they could not produce any paper in respect of seized arms and motorcycle.

4. It is submitted by learned counsel for the petitioner is

Patna High Court CR. MISC. No.58880 of 2023(2) dt.01-09-2023 2/2 innocent has committed no offence. He has been falsely implicated in this case. He has no concern with the alleged recovery of arms which were seized by the police. So far as the question of Section 414 of I.P.C. is concerned which is no applicable against the petitioner because recovered motorcycle is not theft property rather it belongs to the friend of the petitioner namely Baidyanath Kumar as per Annexure-2. Petitioner has got no criminal antecedent and languishing in judicial custody since 05.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. 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 J.M.1st Class, Samastipur in connection with Warisnagar P.S. Case No. 154 of 2023.

(Sunil Kumar Panwar, J) lata/- U T