Patna High CourtCR. MISC./57517/2023bail granted

Kanhaiya Kumar @ Kanhaiya Singh v. The State Of Bihar

2023-11-08Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57517 of 2023 Arising Out of PS. Case No.-66 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== KANHAIYA KUMAR @ KANHAIYA SINGH S/O PULKIT SINGH R/O VILLAGE- PIPARPANTI, PS. PASRAHA, DIST. KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nand Singh, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Pasraha P.S. Case no.66 of 2023 registered under sections 302, 307, 120B and 34 of the Indian Penal Code and section 27(3) of the Arms Act.

3. As per the prosecution case, the seven named accused persons including the petitioner herein are said to have come variously armed and as a result of indiscriminate firing resorted to by them, the son of the informant died.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature. The case of the petitioner stands on a similar footing to that of Kampani Singh who has been enlarged on bail vide order dated

Patna High Court CR. MISC. No.57517 of 2023(3) dt.08-11-2023 2/2 14.9.2023 passed in Cr.Misc. no. 58583 of 2023 as also that of coaccused Chandan Kumar who has been enlarged on bail vide order dated 3.10.2023 passed in Cr.Misc. no.55528 of 2023. The petitioner is in custody since 2.4.2023 and investigation in the case has concluded.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation in the FIR, grant of bail to the above named accused Kampani Singh and Chandan Kumar as stated hereinabove together with the petitioner having remained in custody since 2.4.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Pasraha P.S. Case no.66 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Khagaria.

(Partha Sarthy, J) Bibhash U