The High Court at Patna granted regular bail to Kanhaiya Kumar in a police case involving recovery of an automatic pistol and live cartridges under the Arms Act, directing his release on bail bond with sureties.
Petitioner to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each.
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.50327 of 2021
Arising Out of PS. Case No.-67 Year-2021 Thana- CHERIYA BARIYARPUR DistrictBegusarai
======================================================
KANHAIYA KUMAR Son of Sameer Singh Resident of Village Dafarpur West, Ward No. 5, P.S. Nowkothi, District - Begusarai.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sabal Kumar Jha For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 26-11-2021
Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for
the offence punishable and u/s 25(1-b)a, 26(i) of Arms Act.
As per the prosecution case, one automatic pistol of 7.65 mm bore and four live cartridges were recovered from the possession of the petitioner.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case due to village politics. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner is in custody since 14.03.2021 and investigation in this case is complete.
Patna High Court CR. MISC. No.50327 of 2021(2) dt.26-11-2021 2/2
Learned counsel appearing for the State opposes the
prayer for bail.
Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Begusarai in connection with Cheriya Bariyarpur PS case No. 67/2021.
(Prabhat Kumar Singh, J)
BKS/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving offences under sections 25(1)(a), 26(i) of the Arms Act.
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
