Kanhaiya Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57794 of 2022 Arising Out of PS. Case No.-214 Year-2021 Thana- PANDAUL District- Madhubani ====================================================== KANHAIYA RAM Son of Shyam Lal Ram Resident of Village- Lakhanpatti, P.S.- Madhubani Town, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Rajesh Kumar, Advocate For the State :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 At the outset, learned counsel for the petitioner seeks permission to correct paragraph-1 of the bail petition. Permission is granted.

Learned counsel for the petitioner is directed to make correction in paragraph-1 of the bail petition in course of the day. Heard both sides.

The petitioner apprehends his arrest in connection with Pandaul P.S. Case No.214 of 2021, registered for the offence punishable under Sections 379 and 411 of the Indian Penal Code. Allegation against the petitioner is of stealing the motorcycle of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is

Patna High Court CR. MISC. No.57794 of 2022(2) dt.02-01-2023 2/2 further submitted that the petitioner is not named in the FIR. It is submitted that no incriminating article has been recovered from the conscious possession of the petitioner. It is further submitted that the name of the petitioner surfaced in the case in the confessional statement of a co-accused who has disclosed that the petitioner is also involved in the present case. It is also submitted that the petitioner is a student of B. Com. (Hons.), Part-I (Annexure-2).

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhubani in connection with Pandaul P.S. Case No.214 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T