Kanhai Kumar @ Kanhai Kumar Sah @ Kanhaiya Kumar @ Kanhaiya Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67688 of 2019 Arising Out of PS. Case No.-532 Year-2018 Thana- KHAJANCHI HAT District- Purnia ====================================================== Kanhai Kumar @ Kanhai Kumar Sah @ Kanhaiya Kumar @ Kanhaiya Sah Son of Krishna Sah Resident of Village- Thikhan, P.S.- Vaishali, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 22-11-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 29.12.2018 in connection with K. Hat (Sahayak) P.S. Case No.532 of 2018 registered for the offence under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that the alleged recovery was not from his possession and the petitioner was implicated in connection with the present case after being arrested in connection with another case wherein he made self confessional statement before the police. It is submitted by learned counsel for the petitioner that his self confessional statement cannot be used against the

Patna High Court CR. MISC. No.67688 of 2019(4) dt.22-11-2019 2/3 petitioner to implicate him and, therefore, the petitioner may be extended the privilege of bail.

It appears that petitioner's name has inspired in his confessional statement which has no evidentiary value. Having taken into consideration all facts and circumstances of the case, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea, in connection with K. Hat (Sahayak) P.S. Case No.532 of 2018, subject to the following conditions:

(1) One of the bailors will be his father.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the

Patna High Court CR. MISC. No.67688 of 2019(4) dt.22-11-2019 3/3 State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Mkr./- U T