Kanhaiya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1404 of 2023 Arising Out of PS. Case No.-388 Year-2021 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Kanhaiya Kumar Son Of Kailash Mandal R/V- Fanhan, Ward No. 3, P.S.- Udakishunganj, Dist- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar For the Opposite Party/s :
Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 379 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no evidence of demanding money in lieu of motorcycle against the petitioner. He submits that occurrence took place on 05.12.2021 but the FIR has been lodged on 26.12.2021 after delay of 21 days without explaining any reasonable cause of delay. He further submits that petitioner has one criminal antecedent of similar nature as stated in para-3 of this application.
Patna High Court CR. MISC. No.1404 of 2023(2) dt.08-02-2023 2/2 Learned APP for the State opposes the prayer for bail and submits that the petitioner and other FIR named accused persons had called the informant at a particular place and demanded Rs. 15,000/- in lieu of his motorcycle but did not made over despite providing the amount till today. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged 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 learned court below where the case is pending/successor court in connection with Udakishunganj P.S. Case No. 388 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T