Kanhaiya Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43013 of 2018 ====================================================== Kanhaiya Bind S/o Balchand Bind @ Balchand, R/o Vill.- Palka, P.O.- Paharia, P.S.- Bhabhua, District- Kaimur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Bhabhua P.S. Case No. 641 of 2017 registered under Sections 341, 323, 379, 354 and 504 read with 34 of the Indian Penal Code.

Referring to the order dated 07.06.2018 passed by the learned Additional Sessions Judge-1st, Kaimur at Bhabua in ABP No.812 of 2018, learned counsel appearing for the petitioner submitted that on completion of investigation, the police had submitted charge-sheet for the offences, which are all bailable in nature, but the learned Magistrate differing with the police report took cognizance of the offence punishable under

Patna High Court Cr.Misc. No.43013 of 2018 (2) dt.20-07-2018 Section 354B of the Indian Penal Code. It is further submitted that the petitioner is physically challenged, as his left arm has already been amputated through middle and it is not expected that he would have indulged in any act which could have attracted the offences under Sections 379 and 354 of the Indian Penal Code.

On the other hand, learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioner.

Considering the nature of allegation and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail 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 Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Bhabhua P.S. Case No. 641 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T