Kanhaiya Kumar @ Kanaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84466 of 2019 Arising Out of PS. Case No.-312 Year-2019 Thana- WARISALIGANJ District- Nawada ====================================================== KANHAIYA KUMAR @ KANAIYA KUMAR Son of Chandra Shekhar Singh Resident of Village - Naro Murar, P.S.- Warisaliganj, and Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, on his remand, has been in custody since 07.11.2019 in connection with Warisaliganj P.S. Case No. 312 of 2019 registered for the offence punishable under Sections 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that the present petitioner is not named in the FIR, but since he was earlier taken into custody in connection with Warisaliganj P.S. Case No. 318 of 2019 in which he has already been granted bail on 04.12.2019, the petitioner's name is said to have surfaced in the confessional statement made before the police who was taken into custody with regard to the earlier case and in the said

Patna High Court CR. MISC. No.84466 of 2019(2) dt.19-12-2019 2/2 said statement, it has been stated by the co-accused that the petitioner was providing information regarding police movement through his mobile phone. Learned counsel for the petitioner thus submits that save and except the aforementioned statement made before the police which has no evidentiary value and that nothing incriminating has been recovered from the possession of the petitioner nor has he been put on T.I. Parade, the petitioner may be extended the privilege of bail. Having considered the facts and circumstances of the case and that save and except the other case bearing Warisaliganj P.S. Case No. 318 of 2019, the petitioner has has no other criminal antecedent, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Nawada, in connection with Warisaliganj P.S. Case No. 312 of 2019.

(Anjana Mishra, J) Saif/- U T