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Patna High CourtCR. MISC./10359/2024allowed

Kanhai Kumar @ Abadesh Kumar v. The State Of Bihar

2024-02-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10359 of 2024 Arising Out of PS. Case No.-249 Year-2023 Thana- SARAI District- Vaishali ====================================================== Kanhai Kumar @ Abadesh Kumar S/O Shankar Sah @ Hari Shankar Sah Village- Mohammdabad, Ps. Sarai, Dist. Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 399, 402, 411, 413 of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act.

3. As per FIR, some miscreants are having a meeting near Toll Plaza, N.H. 22 and on seeing the police, they started running and out of them four persons were caught by the police.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of suspicion. He submits that the petitioner has been made accused in this case on the basis of confessional statement of arrested co-accused. He submits that no incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.10359 of 2024(2) dt.22-02-2024 2/2 possession of the petitioner. He further submits that petitioner has one criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sarai P.S. Case No. 249 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T