Patna High CourtCR. MISC./60488/2021bail granted

Kanhaiya Kumar v. The State Of Bihar

2022-01-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60488 of 2021 Arising Out of PS. Case No.-110 Year-2019 Thana- MARANCHI District- Patna ====================================================== Kanhaiya Kumar Son of Shankar Singh R/o village- Maranchi, Bhagat Tola, P.S.- Maranchi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-01-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Maranchi P.S. Case No. 110 of 2019 disclosing offence punishable under Sections 302/201/34 of the Indian Penal Code. The petitioner's prayer for regular bail was earlier rejected by an order dated 25.01.2021 passed in Cr. Misc. No. 33166 of 2020 taking into account his criminal antecedent. Learned counsel appearing on behalf of the petitioner has submitted that in similar circumstance other co-accused persons, namely, Kundan Kumar @ Kundan Sharma and Ravi

Patna High Court CR. MISC. No.60488 of 2021(4) dt.05-01-2022 2/2 Shankar Vidyarthi have been allowed regular bail by this Court by orders dated 28.02.2020 passed in Cr. Misc. No. 11859 of 2020 and 02.07.2020 passed in Cr. Misc. No. 21140 of 2020 respectively. Further, another accused Raju Kumar has also been allowed regular bail by an order dated 13.07.2021 passed in Cr. Misc. No. 20336 of 2021.

Learned counsel appearing on behalf of the petitioner has submitted that except confessional statement there is no concrete material to substantiate allegation against the petitioner.

Considering the fact that the petitioner is in custody since 19.03.2020 and some of the co-accused persons have been allowed regular bail, this application is allowed. Let 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 Additional District & Sessions Judge-V, Barh in Maranchi P.S. Case No. 110 of 2019.

(Chakradhari Sharan Singh, J) K.K.RAO/- U T