Kanhaiya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4379 of 2019 Arising Out of PS. Case No.-99 Year-2018 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Kanhaiya Singh, son of Ram Babu Singh, Resident of Village- Maheshwara, P.S.- Naokothi, District - Begusarai ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Nityanand, APP For the Informant :

Mr. Alok Kumar Alok, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 05-02-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant. Petitioner seeks bail in Naokothi P.S. Case No.99 of 2018 instituted for the offence under Section(s) 341, 323, 379, 307, 427, 504, 506/34 Indian Penal Code.

Counsel for the petitioner submits that instant case has been filed as counter blast of Naokothi P.S. Case No.98 of 2018 in which cousin brother of the petitioner, Anand Mohan, was murdered.

In the instant case, it is alleged that this petitioner along with eight other accused persons, as named in the written report, assaulted the informant and one Diwakar Kumar while they were returning from Global Hospital where they had taken

Patna High Court Cr.Misc. No.4379 of 2019(2) dt.05-02-2019 2/3 the injured, Anand Mohan, for treatment, who was subsequently declared dead in the hospital.

Counsel for the petitioner submits that there is no specific allegation against the petitioner. Injury reports have been enclosed as Annexure-3 series. Injury Report of the informant shows that Doctor has opined one injury on his right leg to be grievous in nature and another injury was simple in nature. The injury of another injured, Diwakar Kumar, was opined to be simple in nature.

Counsel for the Informant submits that one of the injured is still under treatment in PMCH.

From the written report, it appears that no specific allegation has been levelled against the petitioner. It is alleged that nine persons have assaulted the informant and one Diwakar Kumar.

Petitioner is in custody since 04.12.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Begusarai, in connection with Naokothi P.S. Case No.99 of

Patna High Court Cr.Misc. No.4379 of 2019(2) dt.05-02-2019 3/3 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T