Kanhaiya Kumar @ Krishna Kanhaiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36945 of 2021 Arising Out of PS. Case No.-219 Year-2017 Thana- ATHMALGOLA District- Patna ====================================================== KANHAIYA KUMAR @ KRISHNA KANHAIYA Son of Satya Narayan Singh Resident of Village - Rampur Dumra, P.S.- Maranchi (Panchmahla O.P.), Distt.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ajay Kumar Jha APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, it is stated by the informant that her son was murdered in the year 2015 and the trial of the said case was going on. The accused persons hatched a conspiracy in the jail. It is stated that the twelve named accused persons and four unknown surrounded the husband of the informant and as a result of firing by the accused Santosh Kumar, Gaurav Kumar, Ranjit Kumar and Shubham Kumar, he died.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.36945 of 2021(2) dt.06-01-2022 2/2 that the petitioner has been falsely implicated in the case. From perusal of the FIR itself it would be evident that no overt act has been alleged against this petitioner. The petitioner is in custody since 8.2.2021 and his case stands on a similar footing to a number of co-accused who have been enlarged on bail vide orders contained in Annexure-2 series to this petition. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the allegations in the FIR, grant of bail to the other co-accused vide orders contained in Annexure-2 series and the petitioner having remained in custody for about 11 months, the petitioner is directed to be enlarged on bail in connection with Athmalgola P.S. Case no. 219 of 2017 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Barh, Patna.

(Partha Sarthy, J) Spd/- U T