Kanhaiya Kumar @ Kanhaiya Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26250 of 2015 Arising out of PS.Case No. -67 Year- 2015 Thana -SURYAGARHA District- LAKHISARAI ======================================================

1. Kanhaiya Kumar @ Kanhaiya Singh.

2. Munna Kumar. Both are Sons of Late Dinesh Singh @ Mangal Singh resident of Rampur, P.S.- Suryagarha, District- Lakhisarai. .... .... Petitioner.

Versus

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

For the Petitioners : Mr. Vinod Gautam, Advocate. For the Opposite Party : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2015 The petitioners are apprehending their arrest in connection with Suryagarha P.S. Case No. 67 of 2015 for the offences instituted under Sections 147, 148, 149, 324, 326, 307 420/34 of the I.P.C. and 27 of the Arms Act.

Heard learned counsel for the petitioners and learned counsel for the State.

The prosecution story, in brief, is that the accused persons including the petitioners arrived at the cattle shed of the informant armed with weapon and co-accused Pintu Singh fired at the informant which did not hit the informant. Co-accused Avinash also fired at the informant who sustained fire arm injury on his right thigh. The informant fell down thereafter he was

Patna High Court Cr.Misc. No.26250 of 2015 (2) dt.17-07-2015 2/2 brought to the clinic of Dr. Himkar.

It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. It is further submitted that there is admitted land dispute between the parties and the petitioners and informant are agnates. It is further submitted that specific allegation is against Avinash. There is no injury attributed against the petitioners. It is further submitted that the petitioners have got no criminal antecedent. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of four weeks from today in connection with Suryagarha P.S. Case No. 67 of 2015 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Lakhisarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T