Kanhaiya Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75164 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- PACHMAHLA District- Patna ====================================================== Kanhaiya Kumar Verma Son of Arjun Saw R/o - Rampur Dumra, P.S - Panchmahla, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Kumar, Adv.

Mr. Pintu Kumar Patel, Adv.

For the State :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Panchmahla P.S. Case No. 52/2025 registered for the offences punishable under Sections 25(1-b) a/26 of the Arms Act.

3. As per prosecution case, there is alleged recovery of one automatic pistol with empty magazine from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to dirty village politics. The petitioner is languishing in custody since 10.07.2025 and bears no criminal antecedent. The petitioner is the owner of the Anand Mishtan Bhandar and he is

Patna High Court CR. MISC. No.75164 of 2025(2) dt.24-12-2025 2/3 a businessman. The pistol allegedly seized was unfired and no cartridge was recovered. He orally submits that charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner and submitted that there is alleged recovery of one automatic pistol from the possession of the petitioner and hence, the petitioner does not deserve bail.

6. Considering the facts and circumstances of the case, period of custody and keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IIIrd, Barh in connection with Panchmahla P.S. Case No. 52/2025, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

Patna High Court CR. MISC. No.75164 of 2025(2) dt.24-12-2025 3/3 (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iv) If the petitioner is found involved in similar nature of offences in future, the learned trial court shall be at liberty to cancel his bail bond.

(Alok Kumar Pandey, J) amitkumar/- U T