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Patna High CourtCR. MISC./28395/2018allowed

Kanhaiya Kumar v. The State Of Bihar

2018-06-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28395 of 2018 Arising Out of PS. Case No.-54 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== Kanhaiya Kumar S/o Sitaram Singh, R/o Vill.- Bihat, Tola, Jagir, P.S.- Barauni, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Kumar For the Opposite Party/s :

Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-06-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Barauni P.S. Case No. 54 of 2018 for the offence under sections 147, 148, 149, 341 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel with reference to the statement made in paras-7 and 8 submits that the written report in the instant case indicates the false implication of the petitioner in this case. The complaint appears to be doubtful so far as participation of the petitioner is concerned. Referring to nature of injury he submits that the opinion of the Doctor obtained from the Private Hospital does not indicate that the case is under section 307 of the Indian Penal Code.

Patna High Court Cr.Misc. No.28395 of 2018(3) dt.04-06-2018 2/2 Considering the fact that the petitioner has surrendered voluntarily on 22.2.2018 and he has remained in custody for more than three months, let the petitioner, named above, 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 learned Chief Judicial Magistrate, Begusarai, in connection with Barauni P.S. Case No. 54 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T