Kanhaiya Kumar Singh @ Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40068 of 2019 Arising Out of PS. Case No.-58 Year-2018 Thana- MARANCHI DistrictPatna ====================================================== KANHAIYA KUMAR SINGH @ KANHAIYA KUMAR Son of Bipin Bihari Singh Resident of Village-Jalalpur P.S.-Maranchi (Pachmahala O.P), District-Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Parmod Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 392 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Maranchi P.S. Case No. 58 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the petitioner is not named in the F.I.R. which has been lodged against unknown persons. Petitioner's name has surfaced on the confessional statement of co-accused Himanshu Kumar, except which there is no objective material to connect the petitioner with the alleged occurrence. No recovery of the looted cash has been made from his conscious possession. It is

Patna High Court CR. MISC. No.40068 of 2019(3) dt.28-08-2019 2/2 submitted that the petitioner is a student of ITI.

4. Learned APP on the basis of the case diary submits that the petitioner has been named by co-accused Himanshu Kumar. The petitioner has been made accused in two prior cases of serious nature.

5. Having regard to the nature of accusations and the gravity of the offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

6. If the petitioner surrenders and seeks regular bail before the learned Court below the same shall be considered on its own merit in accordance with law, without being prejudiced by any observation in the present order.

(Vikash Jain, J) Ibrar//- U T