Kanhaiya Kumar @ Tutu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41884 of 2022 Arising Out of PS. Case No.-206 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== Kanhaiya Kumar @ Tutu Kumar S/O Kamlesh Prasad Singh R/O VillageChanrey, P.S.- Korma, District- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Kumar For the Opposite Party/s :
Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Sections 394, 302 of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged by the informant that he was informed by his cousin brother that his brother has been shot dead and his dead body is lying in the house of Radhey Shyam Yadav. The informant reached and found
Patna High Court CR. MISC. No.41884 of 2022(4) dt.28-02-2023 2/3 that dead body of his brother was lying in Sadar Hospital, Sheikhpura.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The F.I.R has been registered against unknown. The name of the petitioner sprang up on the confessional statement of co-accused Alok Kumar and Atul Kumar and except confession, nothing has come against the petitioner during investigation. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has still not been put on T.I.P. The petitioner is languishing in custody since 11.05.2022. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one. In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.41884 of 2022(4) dt.28-02-2023 3/3 satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 206 of 2019.
(Sunil Kumar Panwar, J) Shageer/- U T