Kanhai Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26281 of 2016 Arising Out of PS.Case No. -338 Year- 2006 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Kanhai Singh, Son of Sri Tarkeshwar Singh, R/O Village- Jhikahiya , P.S. Meenapur, District-Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Krishna Kant Singh, Advocate. For the Opposite Party : Mr. Sanjay Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 20.04.2016 in connection with Ahiyapur P.S. Case No. 338 of 2006 for the offences instituted under Section 392 of the IPC. Later on Section 395 of the IPC was also added.

It is alleged that two unknown criminals snatched a bag containing Rs. 40,000/- from the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.04.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He is not named in the FIR. His name has come on the basis of a

Patna High Court Cr.Misc. No.26281 of 2016 (4) dt.05-09-2016 2/2 confessional statement of co-accused. He has not been put on T.I. Parade. There is no recovery of any looted article from possession of the petitioner. It is further submitted that the petitioner may be released on bail after completion of six months in custody from 20.04.2016.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R. His name has come in course of investigation.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of six months in custody from 20.04.2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 12th Additional Sessions Judge, Muzaffarpur, in connection with Sessions Trial No. 642 of 2014, arising out of Ahiyapur P.S. Case No. 338 of 2006. U.K./- (Sudhir Singh, J) U T