Kanhaiya Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79772 of 2018 Arising Out of PS. Case No.-225 Year-2018 Thana- TARAIYA District- Saran ====================================================== Kanhaiya Rai Son of Shivnath Ray Resident of Village - Bagahi Harakhpura, PS.- Taraiya, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwa Bijay Kumar Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-01-2019 Heard the learned counsel for the petitioner, the informant and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Taraiya P. S. Case No. 225 of 2018 dated 20.08.2018 which was initially instituted for the offences under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code, but later with the death of one Chandan Kumar, Section 302 I.P.C. has been added. From the perusal of the F.I.R. it appears that the

Patna High Court Cr.Misc. No.79772 of 2018(2) dt.16-01-2019 2/3 petitioner has not been named; rather the specific act of assault has been attributed to other accused persons. The name of the petitioner has transpired only in the supervision note of the Dy.S.P.

Learned counsel for the petitioner has submitted that the only reason for framing the petitioner in the present case is that he is one of the agnates of the co-accused persons of this case. Apart from the supervision note, it has been submitted on behalf of the petitioner, the name of the petitioner has not been taken by any witness, attributing any specific act of assault.

Considering the aforesaid facts as also taking into account the clean antecedents of the petitioner, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IX, Saran at Chapra in connection with

Patna High Court Cr.Misc. No.79772 of 2018(2) dt.16-01-2019 3/3 Taraiya P. S. Case No. 225 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U