Kavindra Kohar @ Kavindra Kahar @ Kavindra Prajapati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18097 of 2023 Arising Out of PS. Case No.-1352 Year-2016 Thana- SASARAM NAGAR District- Rohtas ====================================================== KAVINDRA KOHAR @ KAVINDRA KAHAR @ KAVINDRA PRAJAPATI SON OF LATE PARIKHAN KOHAR R/O VILLAGE- BHABUA WARD NO.1, P.S.- BHABUA, DISTRICT- KAIMUR AT BHABUA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the Indian Penal Code and Section 27 of the Arms Act. As per allegation in the FIR, informant is a truck driver and when he has stopped his truck to see the puncher tyre, some unknown miscreants came there and started firing as a result of which informant sustained injury in his leg. And they looted their articles and cash of Rs. 30,000/- . It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. There is no

Patna High Court CR. MISC. No.18097 of 2023(3) dt.27-06-2023 2/2 eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession. Due to his long criminal antecedents, he has been made accused by the police in this case also on the basis of suspicion. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 31.5.2018 passed in Cr. Misc. No. 31737 of 2018. Petitioner is languishing in judicial custody since 4.9.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to 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 Sessions Judge VI, Rohtas at Sasaram in connection with Sasaram Town (Dargaon) P.S. Case No. 1352 of 2016. (Sunil Kumar Panwar, J) sushma/- U