Kanhaiya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15884 of 2022 Arising Out of PS. Case No.-69 Year-2021 Thana- NIMACHANDPURA District- Begusarai ====================================================== Kanhaiya Kumar S/O Late Rameshwar Singh Resident Of Village- Neema Chainpura, P.S.- Neema Chandpura, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner has filed supplementary affidavit.
Heard learned counsel for the petitioner and learned A.P.P for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks form today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 147, 148, 149, 452 and 307 of the Indian Penal Code.
As per the prosecution's case, the accused persons including the petitioner went to the informant's house and started open firing towards the doors and windows of the informant's house due to which, informant's daughter sustained
Patna High Court CR. MISC. No.15884 of 2022(2) dt.18-08-2022 2/3 fire-arm injury on her thigh.
Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that prior to institution of the present case one Vibha Devi who happens to be the mother of the co-accused Manjeet Singh lodged a case vide Neemachandpura P.S. Case No. 68 of 2021 against Sonu Singh, who is the son of the informant namely, Usha Devi and after this, the instant prosecution case has been lodged with the distorted facts hence the instant F.I.R. is the counter blast of the said case. It is further submitted that there is no specific allegation against the petitioner and the investigation has been completed. He further submits that another co-accused, namely, Ravikant Kumar @ Rabikant Kumar has been granted bail vide order dated 11.07.2022 passed in Criminal Miscellaneous No. 13693 of 2022. Further, it is submitted that the petitioner is in custody since 17.11.2021 is a person with clean antecedent and chargesheet has been submitted in the case. Learned A.P.P for the State opposes the prayer for regular bail of the petitioner.
Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on
Patna High Court CR. MISC. No.15884 of 2022(2) dt.18-08-2022 3/3 furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Sub Judge-V-cum-Additional Chief Judicial Magistrate, Begusarai in connection with Neemachandpura P.S. Case No. 69 of 2021.
(Khatim Reza, J) shanu/- U T