Kanhaiya Raj @ Kanhaiya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6413 of 2024 Arising Out of PS. Case No.-246 Year-2023 Thana- GOGRI District- Khagaria ====================================================== KANHAIYA RAJ @ KANHAIYA KUMAR SON OF LATE HARIBOL YADAV RESIDENT OF VILLAGE - KATGHARA DIYARA, P.S. - GOGRI, DISTRICT - KHAGARIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vikramadit, Adv.
For the Informant :
Mr.Praveen Kumar Agrawal, Adv.
` Mr. Santosh Kr. Mishra, Adv.
Mr. Santosh Kr. Singh, Adv.
For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Gogri P.S. Case No. 246 of 2023 dated 14.07.2023 registered for the offences punishable u/ss 341, 448, 307, 504 read with section 34 of the Indian Penal Code and section 27(i) of Arms Act.
3. As per the prosecution case, the informant got a call from his home that 4-5 unknown miscreants armed with weapons forcibly entered the house and started abusing and firing. It is further alleged that one of the miscreants fired on his sister causing bullet injuries and they locked his family
Patna High Court CR. MISC. No.6413 of 2024(3) dt.19-04-2024 2/3 members and fled away.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up during the investigation. The informant's sister who is injured does not disclosed the name of any miscreants who were involved in the alleged crime. There is no specific allegation against the petitioner. The petitioner has three other criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 20.08.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. 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, Khagaria in connection with Gogri P.S. Case No. 246 of 2023, with a condition/s:- (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
Patna High Court CR. MISC. No.6413 of 2024(3) dt.19-04-2024 3/3 cause, the bail bond of the petitioner is liable to cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T