Kanhaiya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57117 of 2021 Arising Out of PS. Case No.-63 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== Kanhaiya Kumar Son Of Abhinandan Yadav R/O Village- Pipra, Ward No.- 04, P.S.- Sour Bazar, District- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Singh For the Opposite Party/s :
Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
31-01-2022 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Madhepura P.S. Case No. 63 of 2021, registered for the offence under Section 395 of the Indian Penal Code and Section 27 of the Arms Act. As per the F.I.R., on 20.01.2021 at about 10 PM, while the informant was sitting in his shop, six persons riding on two motorcycles came there and on the point of gun, looted cash of Rs. 4,50,000/- and thereafter, fled away.
It is submitted on behalf of petitioner that name of petitioner transpired during course of investigation on confessional statement of co-accused Prince Kumar. It is further submitted that no incriminating article has been recovered from the possession of petitioner and till date, he has not been put on T.I.P. It is next submitted that after the petitioner was arrested,
Patna High Court CR. MISC. No.57117 of 2021(2) dt.31-01-2022 2/2 Rs. 5,000/- cash was recovered from his possession, which actually belongs to petitioner himself, but the same was neither put on T.I.P. nor identified by the informant. Petitioner has got clean antecedent and he is in custody since 03.02.2021. Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Madhepura in connection with Madhepura P.S. Case No. 63 of 2021. (Prabhat Kumar Singh, J) anay/- U T