Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31049 of 2024 Arising Out of PS. Case No.-215 Year-2023 Thana- MANSI District- Khagaria ====================================================== Kanhaiya Kumar Son of Dharmendra Mahto @ Dharmendra Sahni Resident of Village- Rankodih, P.S.- Muffasil (Khagaria), Dist.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Mansi Police Station Case No. 215 of 2023 registered for the offence under Sections 392 of the IPC.

3. As per allegation in the FIR, on 22.07.2023 at about 9:15 PM on NH. 31 while the informant was going towards Gogari, Jamalpur in the meantime three unknown miscreants arrived on motorcycle and looted motorcycle bearing registration No. BR09AH5394 and cash of Rs. 4,000/- of the informant on gun point.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. He further submits that the petitioner has not been put on TIP and during the investigation the name of the petitioner

Patna High Court CR. MISC. No.31049 of 2024(2) dt.25-04-2024 2/2 was surfaced from the confessional statement of co-accused Shoeb Akhtar. The petitioner is in custody since 14.09.2023.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances of the case and the submissions made on behalf of the petitioner, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 215 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of proceeding of framing of charge. (Ramesh Chand Malviya, J) saurabhkr/- U T