Kanhaiya Kumar Rai @ Kanhiya Kumar Rai And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.22991 of 2016 (2) dt.25-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22991 of 2016 Arising Out of PS.Case No. -224 Year- 2015 Thana -BHANGWANPUR HAT District- SIWAN ======================================================
1. Kanhaiya Kumar Rai @ Kanhiya Kumar Rai son of Late Bunni Lal Rai, R/o Village- Barwan Kala, P.S.- Basantpur, District- Siwan.
2. Arman Ali son of Md. Alam, R/o Village- Ahirwalia, Police StationManjhagarh, District- Gopalganj .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Ajay Kumar Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-05-2016 Heard learned counsel for the parties.
This application for grant of regular bail arises out of Bhagwanpur Hat P. S. Case No. 224 of 2015 disclosing offence under Sections 399,402,412,414/34 of the Indian Penal Code and Section 25 (1-b) a,26/35 of the Arms Act. The petitioners are in custody since 15.12.2015. According to the First Information Report, police received information that few persons had assembled for the purpose of committing robbery in a Bank. The police acting on the said secret information reached at the indicated site. Few persons, allegedly, started fleeing away after seeing the police. The police were, however, able to catch hold of five criminals, including the present petitioners with three motorcycles. Upon search having been made by the police,
Patna High Court Cr.Misc. No.22991 of 2016 (2) dt.25-05-2016 certain incriminating materials also came to be recovered by the police, as per the First Information Report. From the seizure list, it is alleged that from possession of petitioner no.1 a mobile phone, one live cartridge and few currency notes were recovered. Similarly, from the possession of petitioner No.2, mobile phone, two live cartridges and currencies were recovered.
Learned counsel appearing on behalf of the petitioners has submitted that they have been falsely implicated in the present case since they have been made accused in other cases also.
Considering the above, this application is allowed. Let the petitioners above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Xth, Siwan in Bhagwanpur Hat P. S. Case No. 224 of 2015.
This is subject to the condition that the petitioner shall present themselves before the police/court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. ArunKumar/- (Chakradhari Sharan Singh, J) U