Kanhaiya Kumar @ Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5120 of 2022 Arising Out of PS. Case No.-197 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== Kanhaiya Kumar @ Gaurav Kumar S/o Pankaj Kumar @ Pankaj Ray R/o village- Imadpur (Shyampur Bairo), P.S.- Bhagwanpur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 341, 307 and 326 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per the prosecution case, allegation is of assaulting of Anil Kumar (victim) by knife blow by three persons including the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has not committed the offence. He further states that the petitioner is the friend of Rishu Kumar,

Patna High Court CR. MISC. No.5120 of 2022(4) dt.18-08-2022 2/2 due to which he has been made accused. Further, it is submitted that he has no concern with the alleged occurrence. Learned counsel for the petitioner submits that injury report shows that injury caused by hard blunt substance. No incriminating articles have been recovered from the possession of the petitioner. The petitioner is in custody since 07.09.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned CJM Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 197 of 2021.

(Khatim Reza, J) Gaurav Kumar/- U T