Kanhaiya Kumar @ Kanhaiya Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70777 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- GAMAHARIYA District- Madhepura ====================================================== Kanhaiya Kumar @ Kanhaiya Kumar Yadav Son of Late Bal Krishna Yadav Resident of Village - Paipra Ward No.- 01, P.S.- Sour Bazar (Patarghat O.P.), District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Gamharia P.S. Case No. 27 of 2021 corresponding to Sessions Trial No. 166 of 2021, registered for the offence punishable under Sections 399, 402 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act.

As per the prosecution case, one loaded country made pistol, seven live cartridges and cash of Rs. 26,000/- have been recovered from possession of this petitioner. It is submitted on behalf of the petitioner that no incriminating article has been recovered from possession of petitioner. Petitioner is in custody since 18.02.2021.

Patna High Court CR. MISC. No.70777 of 2021(3) dt.25-04-2022 2/2 Chargesheet has already been submitted.

Learned APP however, vehemently opposed the prayer for bail and submitted that petitioner has got criminal antecedents of 13 cases out of which most cases are of Arms Act.

Considering the facts aforesaid and criminal antecedents, I am not inclined to enlarge the petitioner abovenamed on bail at this stage. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T