Kanhaiya Kumar @ Kanhaiya Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67831 of 2023 Arising Out of PS. Case No.-412 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Kanhaiya Kumar @ Kanhaiya Singh Son Of Late Naresh Singh @ Naresh Singh Resident Of Village - Pansalla (PANSALA), Bhairwar, Ward No.14, P.S. - Muffasil (LAKHO O.P), District - Begusarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 341, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of Arms Act.
3. Allegation against co-accused persons is that they assaulted to the informant along with his brother and they fired upon the informant due to which he sustained injury. Further, the allegation against this petitioner is that he caught hold the informant's brother by tying rope in his neck.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.67831 of 2023(2) dt.01-11-2023 2/2 falsely been implicated in this case. There is no allegation of firing against the petitioner rather co-accused persons made firing upon the informant and his brother. Moreover, the petitioner is languishing in judicial custody since 28.07.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 412 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai. (Sunil Kumar Panwar, J) Shubham/- U T