Kanhaiya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9079 of 2017 Arising Out of PS.Case No. -318 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Kanhaiya Kumar, S/o Sri Krishna Singh, resident of Village Mohanpur, P.S. Muffasil, District- Begusarai. .... .... Petitioner
Versus
The State of Bihar. .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mr. Sri Satyavarat Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner, apprehending his arrest in connection with Muffasil P.S. Case No. 318 of 2016 registered for the offences punishable under Sections 147, 149, 323, 447, 427, 353, 307 and 120B of the Indian Penal Code, seeks the privilege of prearrest bail. It is submitted that from plain reading of First Information Report it reveals that a mob entered into R.T.P.S. office and they were making slogan Kanhaiya Kumar Jindabad. The opposition members might have done this work. It is not mentioned in the First Information Report that the petitioner was present along with them and only due to slogan made by the members of the mob the petitioner has been implicated in this
Patna High Court Cr.Misc. No.9079 of 2017 (2) dt.09-03-2017 2/2 case. The petitioner has got no concern with the said occurrence nor he was present at the time of the occurrence and, as such, he deserves sympathetic consideration.
The learned A.P.P. opposes the prayer of pre-arrest bail.
In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S. Case No. 318 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Jitendra Mohan Sharma, J) Vats/- U T