Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47021 of 2018 Arising Out of PS.Case No. -143 Year- 2018 Thana -NAYA RAM NAGAR District- MUNGER ======================================================

1. Kanhaiya Kumar, Son of Ram Balak Mahto, Resident of Village Halempur, P.S. Naya Ramnagar, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-08-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Naya Ram Nagar (Sakiya Sarai) O.P. Police Station Case No. 143 of 2018, disclosing offences under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner and other coaccused of this case that they came near the D.J. Trolly and fired at the informant causing injury to him.

Submission of learned counsel for the petitioner that there is no allegation of firing against this petitioner rather the allegation of firing against the co-accused of this case and he has falsely been made accused in this case.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner, above named, in the

Patna High Court Cr.Misc. No.47021 of 2018 (2) dt.13-08-2018 2/2 event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -1st, Munger, in connection with Naya Ram Nagar (Sakiya Sarai) O.P. Police Station Case No. 143 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:- I.

One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned.

II.

The petitioners shall cooperate in the investigation and make himself available as and when required by the police and on the event on failure of his part to appear before the police on two consecutive dates, the prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T