Kanhai Kumar @ Kandhey Rao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10147 of 2017 Arising Out of PS.Case No. -20 Year- 2015 Thana -TEKARI District- GAYA ====================================================== Kanhai Kumar @ Kandhey Rao, S/o Ramesh Raut, resident of VillageMalsari, P.S.- Tekari, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ravindra Kumar Sinha For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-04-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Tekari (Panchanpur) P.S. Case No. 20 of 2015 for the offence punishable under section 394 of the I.P.C.

Allegedly, when Shobhi Manjhi and others were going for marriage by tempo, three unknown persons intercepted the tempo after hiding their faces and snatched mobile of Dhananjay Manjhi and thereafter one of them fired upon Shobhi Manjhi causing injury and thereafter fled away. Shobhi Manjhi was taken to hospital. During investigation name of the petitioner transpires in the confessional statement of Kush Kumar in

Patna High Court Cr.Misc. No.10147 of 2017 (4) dt.18-04-2017 2/2 paragraph-90 of the case diary.

Submission is of false implication and that in the confessional statement also no overtact has been attributed against the petitioner, only it has come that the petitioner was also present there when the planning was made, at the time of occurrence the petitioner was not there, as per confessional statement Bhuna Manjhi has shot the injured and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. after going through the case diary fairly submits that in the confessional statement of Kush Kumar name of the petitioner has come as Kanhai Kumar, besides that there is nothing against him.

In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Gaya in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T