Kanhaiya Kumar @ Kanhaiya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11798 of 2016 Arising Out of PS.Case No. -42 Year- 2015 Thana -GAYA GRP CASE District- GAYA ====================================================== Kanhaiya Kumar @ Kanhaiya Singh, son of Jay Prakash Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-03-2016 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 11.09.2015 in a case registered for the offences punishable under sections 379/411 of the Indian Penal Code and 8,17,18,21,22 of the NDPS Act.

Prosecution case is that the petitioner committed theft of mobile of the informant in a running train when the petitioner was apprehended and from whose possession cash, stolen mobile and 50 milligrams of Heroine were recovered. It is submitted by learned counsel for the petitioner that recovered mobile has not been put on TIP and the recovery of Heroine is much below the small quantity. The petitioner is accused in Jehanabad Rail P.S. Case No.31/2015 though he was

Patna High Court Cr.Misc. No.11798 of 2016 (2) dt.10-03-2016 2/2 detained under section 109 of the Code of Criminal Procedure for one night on suspicion. The investigation has already concluded.

Considering the fact that investigation has already concluded, 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 Sessions Judge, Gaya in connection with Jehanabad Rail P.S. Case No.42/2015.

Learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions or gets involved in some serious nature of offence. (Dinesh Kumar Singh, J) Ashwini/- U T