This order grants regular bail to the petitioner in a criminal case involving the Arms Act upon furnishing a bail bond and sureties with conditions regarding court attendance.
Enlargement on bail on furnishing bond of Rs. 20,000/- 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.43113 of 2023
Arising Out of PS. Case No.-21 Year-2023 Thana- MATIHANI District- Begusarai
======================================================
Kanhaiya Kumar @ Kanhaiya Singh Son Of Sudhanshu Shekhar Singh Resident Of Village- Ramdiri Lokaba Tola, Ps- Matihani, District- Begusarai
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vinod Gautam For the Opposite Party/s : Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 20-07-2023
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2. Heard learned counsel for the petitioner and learned A.P.P for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Mathani P.S. Case No. 21 of 2023 dated 15.02.2023 registered for the offence punishable under Sections 25(1-B), 26 and 35 of the Arms Act.
4. As per the prosecution case, one loaded countrymade carbine with five live cartridges, one loaded country made pistol have been recovered from the almirah of the petitioner and one motorcycle has also been recovered from the possession of the petitioner.
5. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.43113 of 2023(2) dt.20-07-2023 2/2
that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 16.02.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusari in connection with Mathani P.S. Case No. 21 of 2023, with the condition :-
(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
8. The application stands allowed.
(Chandra Prakash Singh, J)
atul/-
U T
1 issue framed by the court
Whether the petitioner shall be granted bail in connection with the Arms Act case.
1 provisions across 1 enactments
Kanhaiya Kumar @ Kanhaiya Singh
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
