In an arms case, the Patna High Court directed the bail enlargement of the petitioner who had been in custody for nearly a year, requiring a bond of Rs. 10,000 with two sureties.
Petitioner enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46753 of 2021
Arising Out of PS. Case No.-113 Year-2020 Thana- TETERHAT District- Lakhisarai
======================================================
Kanhaiya Kumar @ Lukhra S/O Mahindra Singh R/o village- Sharma, P.S.Tetarhat, Distt.- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Amresh Kumar Sinha For the Opposite Party/s : Mr.Bishweshwar Ram ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 17-11-2021 Heard both parties.
The petitioner seeks bail in Tetarhat P.S. Case No. 113 of 2020, registered for the offence punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.
As per the prosecution case, seven live cartridges, five missed cartridges and one musket has been recovered from possession of this petitioner. One motorcycle has also been recovered.
It is submitted on behalf of the petitioner that nothing has been recovered from conscious possession of this petitioner and he has falsely been implicated in this case. The said motorcycle belongs to co-accused Bholi Singh. Petitioner is in custody since 18.11.2020. Chargesheet has already been submitted.
Patna High Court CR. MISC. No.46753 of 2021(2) dt.17-11-2021 2/2
Considering the facts and circumstances of the case and the fact that petitioner has already remained in custody near about one year, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Lakhisarai in connection with Tetarhat P.S. Case No. 113 of 2020.
(Prabhat Kumar Singh, J)
vinita/-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail given his custody duration and recovery evidence.
1 provisions across 1 enactments
KANHAIYA KUMAR
THE STATE OF BIHAR
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
