Kanhaiya Kumar @ Kanhaiya Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69689 of 2023 Arising Out of PS. Case No.-244 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== KANHAIYA KUMAR @ KANHAIYA YADAV SON OF AWADHESH YADAV VILL- BARHI KABAIYA PS-KABAIYA DIST-LAKHISARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-11-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Lakhisarai Kabaiya P.S. Case No. 244/ 2023 dated 01.04.2023 registered for the offence(s) punishable under Section(s) 447, 341, 323, 324, 354B, 379, 307 read with Section 34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that against this petitioner, there is no serious allegation and the specific allegation in the FIR is against co-accused persons, Shatrudhan Yadav and Laxman Yadav and the petitioner has got no criminal antecedent and the higher police official, who supervised the instant case, found the offences punishable under Sections 354B and 379 of the IPC to

Patna High Court CR. MISC. No.69689 of 2023(2) dt.08-11-2023 2/2 be false and the FIR itself goes to show that on account of political rivalry the FIR was lodged.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the nature of allegation appearing against this petitioner from the FIR as well as his fair and clean antecedent, in the said circumstances, petitioner deserves to the privilege of anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Lakhisarai (Kabaiya) P.S. Case No. 244/ 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) BKS/- U T