Patna High CourtCR. MISC./47107/2018bail granted

Kanhaiya Kumar v. The State Of Bihar

2018-09-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47107 of 2018 Arising Out of PS.Case No. -866 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Kanhaiya Kumar S/o late Sushil Prasad R /o Mohalla- Ilam Ram chowk, P.S.- Bettiah town,District- West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Bettiah Town P.S.Case No. 866 of 2017 registered for the offences punishable under Sections 365 and 364 of the Indian Penal Code. Petitioner is not named in the FIR and later on his name transpires in the confessional statement of co-accused. Submission of learned counsel for the petitioner is that in the first confession of co-accused petitioner has not been named and later on in the confessional statement of other co-accused name of petitioner has transpired but that does not disclose any material against the petitioner regarding kidnapping and death of deceased and petitioner is in custody since 2.4.2018. Further submission is that co-accused persons have been granted bail vide

Patna High Court Cr.Misc. No.47107 of 2018 (2) dt.20-09-2018 2/2 order dated 9.8.2018 in Cr.Misc.No. 46814 of 2018 and vide order dated 19.7.2018 in Cr.Misc.No. 31177 of 2018. Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioner, named above, be released on bail 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 Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Bettiah Town P.S.Case No. 866 of 2017, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U T