Kanhaiya Singh @ Kanhaiya @ Kanhaiya Rai @ Rupesh Kumar @ Rupesh Kumar Singh @ Rupesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13869 of 2020 Arising Out of PS. Case No.-645 Year-2015 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== KANHAIYA SINGH @ KANHAIYA @ KANHAIYA RAI @ RUPESH KUMAR @ RUPESH KUMAR SINGH @ RUPESH SINGH, aged about 26 years, Male, Son of Dinesh Singh @ Dinesh Roy @ Dinesh Kumar Roy, Resident of Village - Simariya, P.S.- Barauni, District - Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Sandip Kumar Gautam, Adv.

For the Opposite Party :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Town P.S. Case No. 645 of 2015, registered under Section109, 115 and 120B of the Indian Penal Code and 25(1-B)a, 26 and 35 of the Arms Act.

The accusation is that the informant, being the Officer-in-Charge of Begusarai Police Station, received information that renowned criminal Ajit Singh @ Shooterwa, who is in Begusarai Jail is making plan to commit murder of Manish Singh, thekedar (contractor), who used to reside on rented house in Begusarai with Kanhaiya Singh (petitioner). Thereafter, Manish Singh was given instruction to be careful. On 17.11.2015, informant along with other police personnel was on patrolling duty, then, two persons were seen in suspicious

Patna High Court CR. MISC. No.13869 of 2020(2) dt.03-03-2020 2/2 condition. On seeing the police vehicle, both started to flee away, but, one was apprehended, who disclosed his name Vikash Kumar Singh @ Vanket and also disclosed the name of his associate Chandan Kumar. On search, he was found in possession of country made pistol, containing three cartridges in magazine, two live cartridges and he also disclosed that he had come to give arms and ammunitions to Kanhaiya Singh (petitioner).

Submission is that it would appear from the first information report that the petitioner is not apprehended by the police. Since, the petitioner is accused in nine cases, as detailed in paragraph 3 of the bail petition in which he is on bail, due to that reason police managed to implicate the petitioner in this case and he is in custody since 21.12.2018.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Town P.S. Case No. 645 of 2015 to the satisfaction of Shri Rajeev Ranjan, Judicial Magistrate, 1st Class, Begusarai, subject to the condition that both the bailors must be close family members or close relative of the petitioner.

(Rajendra Kumar Mishra, J) Shamshad/- U T