Kanhaiya Singh @ Kanhaiya Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4846 of 2018 Arising Out of PS.Case No. -159 Year- 2016 Thana -MAJORGANJ District- SITAMARHI ====================================================== Kanhaiya Singh @ Kanhaiya Kumar Singh, Son of Mahendra Singh, resident of Village- Narha, P.S.- Majorganj, District- Sitamarhi. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Jagjit Roshan For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.
02-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner, in the present case, is seeking regular bail in connection with Majorganj P.S. Case No. 159 of 2016 registered for the offence punishable under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. The alleged killing has taken place without there being any identification of the accused however in course of investigation police has found that three persons namely, Arbind Singh, Keshav Singh and Mukesh Singh had caused fire-arm injury to the deceased, having taken note of this, a co-ordinate Bench of this court has granted anticipatory bail to some of the co-accused vide Cr. Misc. No. 40937/2017.
Patna High Court Cr.Misc. No.4846 of 2018 (2) dt.02-02-2018 Learned counsel further submits that the present petitioner has been involved in other two cases which were registered against unknown on mere suspicion. Learned Additional Public Prosecutor is present and accepts the factual position that the co-accused in similar circumstances has been granted bail by this Court. Considering the facts and circumstances of the case and materials on record, let the petitioner, above named, if not wanted in any other case, be enlarged on bail on furnishing bail bond of Rs. 15,000/- (Rupees fifteen thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate - 1st, Sitamarhi, in connection with Majorganj P.S. Case No.
159 of 2016, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure and further condition that he will co-operate in course of trial, two regular defaults in putting appearance in the court below, without any plausible reason, will invite cancellation of bail. (Rajeev Ranjan Prasad, J.)