Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74079 of 2023 Arising Out of PS. Case No.-211 Year-2023 Thana- GAURICHAK District- Patna ====================================================== 1.

KANHAIYA KUMAR Son of Kameshwar Ray R/o Usfa, P.S. - Gaurichak, Dist. - Patna 2.

Ashlok Ray @ Shlok Ray Son of Sitawar Ray @ Sitab Ray R/o Usfa, P.s. - Gaurichak, Distt. - Patna ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Abhimanyu Deo, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Gaurichak P.S. Case No. 211 of 2023 dated 06.04.2023 registered for the offences punishable u/ss 307, 326, 506 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons came to the door of the informant and the coaccused Kameshwar Ray inflicted blow of sword on the head of the informant's father causing cut injury and he again assaulted the informant's father on his hand causing hand injury. When the informant and his family members came to rescue him then the accused persons assaulted them and threatened the informant to kill if he lodged any case against them.

4. Learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.74079 of 2023(2) dt.05-12-2023 2/2 the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The specific allegation of inflicting blow of sword is against the coaccused, Kameshwar Ray and the petitioners have no concern with the alleged offence. The petitioner no. 1 has no criminal antecedent whereas the petitioner no. 2 has two criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Patna City in connection with Gaurichak P.S. Case No. 211 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T