Kanhaiya Kumar @ Kanhaiya Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82488 of 2019 Arising Out of PS. Case No.-211 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== Kanhaiya Kumar @ Kanhaiya Lal Son of Manoj Kumar Manohar, Resident of Village-Arniya, P.S.-Jandaha, District-Vaishali. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar, Advocate For the Opposite Party/s :

Mr.Mohammed Arif, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Jandaha P.S. Case No. 211 of 2019 registered for the offences punishable under Sections 25(1-b)a, 26/35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicating in the present case. It is further submitted that nothing has been recovered from the possession of the petitioner and petitioner is in custody since 27.08.2019.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case, wherein there is no recovery of arms from the possession of this

Patna High Court CR. MISC. No.82488 of 2019(2) dt.12-12-2019 2/2 petitioner and the petitioner is in custody since 27.08.2019, the investigation against him is complete, let the petitioner above named be released on bail in connection with Jandaha P.S. Case No. 211 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Vaishali at Hajipur, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T