Patna High CourtCR. MISC./22817/2017bail granted

Kanhai Kumar @ Kanhaiya Kumar v. The State Of Bihar

2017-06-06Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22817 of 2017 Arising Out of PS.Case No. -2 Year- 2016 Thana -NARAYANPUR ANANT RPF/POST DistrictSARAN ====================================================== Kanhai Kumar @ Kanhaiya Kumar Son of Prem Thakur, Resident of Village- Hari Shankar Maniyari, P.S.- Maniyari, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party/s : Sri Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-06-2017 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in NRPA (Narainpur Anant) R.P.F. Post Case no. 2 of 2016 for the offences registered under Sections 3 of the R.P. (U.P.) Act. It is alleged that petitioner along with other accused persons were committing theft of railway property at Silaut Railway Station and on being chased they fled away. While fleeing away petitioner and one another were identified in the torch light.

It has been contended on behalf of the petitioner that he has got no criminal antecedent. He has falsely been implicated in the present case. Neither any railway property was recovered from the possession of the petitioner nor there is any specific overt

Patna High Court Cr.Misc. No.22817 of 2017 (2) dt.06-06-2017 2/2 act against him. It is further submitted that one similarly situated co-accused has been granted anticipatory bail by a Bench of this Court in Cr. Misc. no. 9583 of 2017, which is Annexure-2 to the petition.

Considering the facts and circumstances of the present case, let petitioner, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Sonepur, Saran , in connection with the aforesaid P. S. Case number, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (S. Kumar, J) sudip/- U T