Patna High CourtCR. MISC./48097/2016bail granted

Kanhaiya Kumar v. The State Of Bihar

2017-02-14Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.48097 of 2016 (4) dt.14-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48097 of 2016 Arising Out of PS.Case No. -112 Year- 2016 Thana -SILAO District- NALANDA (BIHARSHARIFF) ====================================================== Kanhaiya Kumar S/o Dinanath Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Murari Mishra, Advocate. For the Opposite Party/s : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Silao P.S. Case No. 112 of 2016 instituted for the offence under Section(s) 379 and 411 of the Indian Penal Code.

It has been submitted that the petitioner is in custody since 08.09.2016. He is not named in the FIR. The name of the petitioner has been disclosed during investigation by spy. Thereafter, the motorcycle was said to have been recovered from the tubwell room of the petitioner. The police arrested the petitioner and recorded his confessional statement. It has further been submitted that aforesaid motorcycle was recovered from Rajgir P.S and the seizure list witnesses belong to Silao as will appear from the seizure list. From the written report it appears that

Patna High Court Cr.Misc. No.48097 of 2016 (4) dt.14-02-2017 petitioner is not named in the written report. In the facts and circumstances of the case and considering the period of custody, let the Petitioner, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Biharsarif, Nalanda in connection with Silao P.S. Case No. 112 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) Prakash/- U