Kanhaiya Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13110 of 2024 Arising Out of PS. Case No.-555 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Kanhaiya Kumar Yadav Son Of Upendra Rai Resident Of Village- Baswariya Mehsaul Pacchim Rampur Laxmi Nagar, P.S.- Sitamarhi (MEHSAUL O.P.), District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Birendra Kumar, Advocate For the State :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sitamarhi (Mehsaul O.P.) P.S. Case No. 555 of 2023 instituted for the offence under Section 392 of the Indian Penal Code. 3.

As per prosecution case, two miscreants entered into his house armed with pistol and took away Rs. 40,470/-. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20-10-2023. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.13110 of 2024(2) dt.04-03-2024 2/2 case. Name of the petitioner has surfaced in this case due to confessional statement of co-accused, namely, Munna Kumar @ Kishan Kumar. No T.I. parade has been conducted in this case. Nothing has been recovered from the conscious possession of the petitioner. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of implication, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner 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 Court below/concerned Court in connection with Sitamarhi (Mehsaul O.P.) P.S. Case No. 555 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T