Kanhaiya Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64961 of 2018 Arising Out of PS.Case No. -124 Year- 2018 Thana -PATNA GRP CASE District- PATNA ====================================================== Kanhaiya Kumar Singh S/o Sarvesh Prasad Singh R/o Vill.-Garubaari, P.O.+P.S.-Supaul, Distt.-Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nikunj Shekhar, Adv. For the Opposite Party/s : Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in G.R.P. Patna Junction P.S. Case No. 124/2018, registered for the offence punishable under Section 401 of the Indian Penal Code.

Informant alleged that while he was on duty along with other police officials he received secret information that three thieves had assembled at platform no. 3 and were planning to commit theft. When they reached at the place all the three persons tried to flee away, but on chase they were apprehended. From possession of petitioner two mobile with no sim and one blade were recovered.

It has been submitted that petitioner has falsely been

Patna High Court Cr.Misc. No.64961 of 2018 (2) dt.05-11-2018 2/3 implicated in this case. Nothing has been recovered from the possession of petitioner except mobile which belongs to him. Coaccused have been granted bail vide order dated 25.09.2018 passed in Cr. Misc. No. 49113/2018 and order dated 28.09.2018 passed in Cr. Misc. No. 54749/2018.

Petitioner has no criminal antecedent. He is in custody since 23.04.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to 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 Additional Chief Judicial Magistrate, Railway, Patna in connection with G.R.P. Patna Junction P.S. Case No. 124/2018, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for

Patna High Court Cr.Misc. No.64961 of 2018 (2) dt.05-11-2018 3/3 cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T