Kanhai Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38148 of 2018 Arising Out of PS. Case No.-49 Year-2017 Thana- BIHIYA District- Bhojpur ====================================================== Kanhai Kumar Singh, Son of Late Ran Vijay Singh, Resident of VillageChachaul, P.S. Naubatpur, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 22.04.2017 in connection with Bihiya P.S. Case No. 49 of 2017 registered for the offence punishable under Sections 328 and 379/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that one Sikesh Kumar came to his house and asked to load all the marriage articles in his tractor and trailor. The petitioner also accompanied the informant. On the way, he was made to leave the tractor in an unconscious position. Thereafter, petitioner and other accused took away his tractor.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and

Patna High Court Cr.Misc. No.38148 of 2018(2) dt.06-07-2018 2/2 has been falsely implicated in the aforesaid case. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner and that he has no connection with another coaccused, Sikesh Kumar. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate5, Bhojpur at Ara in connection with Bihiya P.S. Case No. 49 of 2017.

(Nilu Agrawal, J.) Arjun/Ragini U T