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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61769 of 2018 Arising Out of PS.Case No. -233 Year- 2018 Thana -KORHA District- KATIHAR ======================================================

1. Sanny Kumar @ Sanni Kumar, S/o Sri Harish Chandra Singh, Resident of Village- Sadahpura, P.S.- Gaurichak, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.65986 of 2018 Arising Out of PS.Case No. -233 Year- 2018 Thana -KORHA District- KATIHAR ======================================================

1. Kanhaiya Kumar Singh @ Kanhaiya Singh S/o Late Indu Singh R/o Nurandipur,P.S. Khusrupur,Distt-Patna,Bihar .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.61769 of 2018) For the Petitioner/s : Mr. Abhay Kumar For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan (In Cr.Misc. No.65986 of 2018) For the Petitioner/s : Mr. Shri Prakash Tiwari For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-11-2018 Both the cases arise out of P.S.case No.Korha P.S.case No.233 of 2018 under Sections 413 and 414/34 of the IPC, as such both the cases are being taken up together with for consideration of bail.

Heard the parties.

Allegation against the petitioners is that the vehicle of

Patna High Court Cr.Misc. No.61769 of 2018 (3) dt.05-11-2018 2/3 the petitioners met with an accident and from near the Bargad tree which is place of occurrence, 04 kg. and 814 grams gold was recovered.

Submission of the learned counsel for the petitioner of Cr. Misc. No.61769/18 is that he is driver of the vehicle, he has nothing to do with the seized articles and he has been falsely implicated in this case. He is in custody for about four months, whereas it is submitted on behalf of petitioner of Cr. Misc. No.65986 of 2018 that he is passenger and he has received severe injury and he has nothing to do with the seized articles. He is in custody for about four months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of CJM, Katihar in connection with Korha P.S.case no.233 of 2018 with condition that they have to cooperate in disposal of the trial and they will appear as and when required, otherwise their bail bond shall be cancelled. It is made clear that before accepting the bail bonds of the petitioner, proper verification of their security will be made by the court concerned.

Patna High Court Cr.Misc. No.61769 of 2018 (3) dt.05-11-2018 3/3 With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T