Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6566 of 2020 Arising Out of PS. Case No.-201 Year-2019 Thana- SIMRI District- Darbhanga ====================================================== KANHAIYA KUMAR S/o Ram Babu Paswan Resident of Village- Simri, P.S.- Simri, Distt- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 399, 402, 412 and 120B of the I.P.C.

Informant is the Police Officer who in his self statement has alleged that while he alongwith other police personnel were on patrolling duty and as he reached near Durga Mandir, he saw one person started fleeing on seeing the police and after chase he was arrested and disclosed his name as Suraj Kumar and on search 3 mobiles, one fighter and one purse was

Patna High Court CR. MISC. No.6566 of 2020(2) dt.25-06-2020 2/3 recovered and he disclosed the name of other co-accused including petitioner who have used to commit loot on N.H. 57. Thereafter on search 2 mobile was recovered from the house of Kanhaiya Kumar (petitioner).

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case due to dirty village politics. His name has surfaced in this case on the basis of confessional statement of co-accused Suraj Kumar who was apprehended by the police. There is general and omnibus allegation against petitioner and no specific overt act has been alleged against him. Petitioner has no criminal antecedent. Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Simri P.S. Case No. 201 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with following conditions:-

(1) Bailors should be local having

Patna High Court CR. MISC. No.6566 of 2020(2) dt.25-06-2020 3/3 sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/rajivU T