Kanhaiya Chaudhary @ Murari Choudhary @ Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36675 of 2023 Arising Out of PS. Case No.-286 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== Kanhaiya Chaudhary @ Murari Choudhary @ Kanhaiya Kumar, S/O Late Deo Narayan Chaudhary R/O Village- Latauna, P.S- Tribeniganj, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Singheshwar P.S. Case No. 286 of 2021 dated 07.12.2021 registered for the offences punishable u/s 392 of the Indian Penal Code.

As per the prosecution case, four unknown miscreants boarded on two motorcycles intercepted the informant and looted Rs. 3,00,000/- in cash by breaking the dicky of the motorcycle of the informant on gun point.

Patna High Court CR. MISC. No.36675 of 2023(2) dt.07-07-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the coaccused persons namely Sagar Kumar and Rakesh Roushan. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in seven other criminal cases and he is on bail in two aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 18.01.2023 Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Singheshwar P.S. Case No. 286 of 2021 with the condition :-

1. The petitioner is directed to remain physically present before the learned Court below

Patna High Court CR. MISC. No.36675 of 2023(2) dt.07-07-2023 3/3 on each and every date, failing which on two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T