Kanhaiya Kumar Singh @Kanhaiya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72480 of 2023 Arising Out of PS. Case No.-219 Year-2023 Thana- BAHERI District- Darbhanga ====================================================== Kanhaiya Kumar Singh @kanhaiya Singh Son Of Upendra Singh Resident Of Village- Jorja, Ps- Baheri, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the State :

Mr.Anil Prasad Singh For the Victim :

Mr. Sanjeev Kumar Jha Mr. Jayant Anand ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2024 1.

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the victim.

2.

The petitioner seeks bail in connection with Baheri PS Case No. 219 of 2023 registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Learned counsel for the petitioner submits that the instant FIR was instituted by Kundan Singh with an allegation that they were going to attend a marriage on Bolero vehicle when Anil Singh, Manish Singh and Munna Singh were murdered in broad day light by means of blast firing through fire arms.

Patna High Court CR. MISC. No.72480 of 2023(4) dt.06-09-2024 2/3 4.

It is next submitted that the FIR was instituted against unknown and subsequently, during the course of investigation, the informant himself became an accused. It is further submitted that the name of the petitioner transpired during the course of investigation based on secret information that petitioner acted as a liner in the occurrence. It is next submitted that the easiest way to implicate someone is to implicate him on the basis of secret information, it is next submitted that though the petitioner in his confessional statement has confessed that he acted like a liner but then confession in police custody does not have evidentiary value. 5.

Learned A.P.P. for the State and learned counsel appearing on behalf of the victim opposes the prayer for bail of the petitioner. Learned counsel for the victim submits that a gruesome occurrence took place in which three persons were killed in broad daylight. It is further submitted that during the course of investigation, it transpired that petitioner acted as a liner in the occurrence, based on which the occurrence was committed. It is further submitted that during the course of investigation, it also transpired based on the investigation of the CDR (Call Detail Record) that petitioner was found near the place of occurrence at the time of occurrence and had also made

Patna High Court CR. MISC. No.72480 of 2023(4) dt.06-09-2024 3/3 calls to another co-accused Anu singh.

6.

Considering the submission made by learned counsel for the victim and the fact that three persons were murdered in the broad daylight, the Court is not inclined to extend the privilege of bail to the petitioner. 7.

Accordingly, the prayer for bail of the petitioner is rejected.

(Satyavrat Verma, J) SUMIT/- U T