Patna High CourtCR. MISC./40073/2017disposed

Kanhaiya Singh v. The State Of Bihar

2017-08-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40073 of 2017 Arising Out of PS.Case No. -164 Year- 2017 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================

1. KANHAIYA SINGH, Son of Binod Singh, Resident of Village- Dwarika Bigha, P.S.- Haranaut (Chero), District- Nalanda at present Santoshi Mandir Pawan Chouk Chakardharpur, P.S.- Chakhardharpur, Dist- West Singhbhum (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in connection with Harnaut P.S.Case No. 164 of 2017 registered under Sections 406, 379, 411, 120(B) of the Indian Penal Code, pending in the Court of learned A.C.J.M. III, Nalanda at Biharsharif.

Allegation against the petitioner and other co accused persons is of committing theft of Makka.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case at the instance of the driver of the vehicle. It is further submitted that the petitioner has no concern with the truck. The petitioner and his family members are living in Chakradharpur for last 40 years and

Patna High Court Cr.Misc. No.40073 of 2017 (2) dt.24-08-2017 2/2 he has no concern with his native village. The petitioner is in custody for about 1 1⁄2 months.

Heard learned A.P.P. also.

Having considered the facts and circumstances of the case this application is disposed of with a direction to the learned court below to release the petitioner on bail to its own satisfaction if the charge sheet is submitted and no material is found against him except as stated in the FIR.

(Vinod Kumar Sinha, J) singh/- U T