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Patna High CourtCR. MISC./47234/2019bail granted

Kanhaiya Kumar @ Kanhaiya Sah v. The State Of Bihar

2019-09-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47234 of 2019 Arising Out of PS. Case No.-107 Year-2019 Thana- GARKHA District- Saran ====================================================== KANHAIYA KUMAR @ KANHAIYA SAH S/o Late Lagandeo Sah R/o village- Paharichak, P.S.- Sonpur, District- Saran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Harendra Ram Son of Rambachchan Ram R/o Village- Narharpur, P.S.- Marhaura, District- Saran at present posted as Cashier, Allahabad Bank, Rampur Kadana, P.S.- Garkha, District- Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar Bhaskar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 395 and 397 of the Indian Penal Code. Prosecution allegation, in short, is that the accused persons looted cash box of the bank from the vehicle which it was taken to bank.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.4.2019. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of

Patna High Court CR. MISC. No.47234 of 2019(4) dt.27-09-2019 2/2 the petitioner has transpired on the basis of confession of coaccused. There is no recovery of any incriminating articles from the possession of the petitioner. The petitioner has not been put on T.I.P.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XIV, Saran at Chapra in connection with Garkha P.S. Case No. 107/2019.

(Sudhir Singh, J) Pankaj/- U T