Kanhaiya Kumar @ Kanhaiya Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18626 of 2024 Arising Out of PS. Case No.-9 Year-2019 Thana- NAYAGAON District- Saran ====================================================== Kanhaiya Kumar @ Kanhaiya Sah, Son of late Lagandeo Sah, Resident of vill.-Paharichak Parveja, P.S.-Saonepur, District-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Nayagaon P.S. Case No. 09 of 2019 registered for the offences punishable under Section 392 of the Indian Penal Code.

3. As per prosecution case, six unknown miscreants looted cash of Rs. 15 lac, mobile phone, key of motorcycle and some other documents from the informant and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent has falsely been implicated in this case due to village politics. The informant is well known to the petitioner and both the parties are co-villagers but the FIR was filed against unknown. However, during the investigation, the informant named the petitioner on the basis of suspicion and

Patna High Court CR. MISC. No.18626 of 2024(2) dt.28-03-2024 2/2 when he realized the correct fact about the same, he filed the compromise petition. It is further submitted that petitioner has two criminal antecedent out of which one belongs to Excise Act. There is no material recovered from possession of the petitioner. Petitioner is ready to cooperate in the investigation and trial.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Nayagaon P.S. Case No. 09 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T