Kanhaiya Kamkar @ Kanhaiya Prasad vs The State Of Bihar on 11 November, 2020

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Patna High Court - Orders

Kanhaiya Kamkar @ Kanhaiya Prasad vs The State Of Bihar on 11 November, 2020

Bench: Ashwani Kumar Singh

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No. 25154 of 2020
                     Arising Out of PS. Case No.-148 Year-2019 Thana- BRAHMPUR District- Buxar
                 ======================================================
                 Kanhaiya Kamkar @ Kanhaiya Prasad Son of Dashrath Prasad, resident of
                 Village- Nimez, P.S.- Prahampur, District- Buxar.

                                                                                   ... ... Petitioner
                                                     Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :       Mr. Sanjay Kumar, Advocate
                 For the Opposite Party :       Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
                                       ORAL ORDER

2   11-11-2020

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State via video conferencing.

2. The petitioner seeks pre-arrest bail in connection with Brahampur P.S. Case No. 148 of 019 registered under Sections 144, 447, 427, 323 and 379 of the Indian Penal Code and Section 27 of the Arms Act. Later on, Section 307 of the Indian Penal Code was added.

3. Considering the allegation against the petitioner that he opened fire causing injury to the informant, I am not inclined to grant him pre-arrest bail even though a submission has been made that no firearm injury was found on the person of the informant. Accordingly, the application for 2/3 grant of pre-arrest bail is rejected.

4. In case the petitioner surrenders and seeks bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.

5. Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:-

(i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my e-mail by the Sr. Secretary.

(ii) The corrected copy of the order shall be transmitted by me from my e-mail id to the Sr. Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding.

(iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.

(iv) Let steps be taken by the Sr. Secretary/registry 3/3 for up-loading of the present order without compromising with the norms of social distancing.

(Ashwani Kumar Singh, J) kanchan/-

U      T

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Patna High Court - Orders