Kanhaiya Paswan @ Krishna Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68509 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Kanhaiya Paswan @ Krishna Kanhaiya Kumar Son Of Late Bhajan Paswan Resident Of Village- Malhipur, Ps- Sahebpur Kamal, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwanath Prasad For the State :

Mr. Rajendra Singh For the Informant :

Mr. Abhishek Anand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 364, 120(b), 302, 201 of the Indian Penal Code.

3. The prosecution story, in brief, is that informant's son, namely, Sajan Kumar was kidnapped by local accused persons. He was beaten to death and his dead body was found near Chamantol Bahiyar on the next day. Informant believed that the petitioner and other accused persons murdered his son.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.68509 of 2023(3) dt.05-03-2024 2/3 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that from bare perusal of the F.I.R. is it not clear that who have kidnapped informant's son, but only on the basis of suspicion name of the petitioner and other accused persons have been given in the present case. He further submits that in the entire case diary there is no material available on record against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail and submitted that the petitioner is also involved in the present case.

6. Considering the facts and circumstances of the case, arguments of the parties and perusal of the record including the case diary, it appears that there is no material available on record against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below

Patna High Court CR. MISC. No.68509 of 2023(3) dt.05-03-2024 3/3 where the case is pending/successor Court in connection with Sahebpur Kamal P.S. Case No. 102 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T