Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37166 of 2014 Arising Out of PS.Case No. -59 Year- 2014 Thana -DULHIN BAZAR District- PATNA ====================================================== Kamlesh Kumar .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.37406 of 2014 Arising Out of PS.Case No. -59 Year- 2014 Thana -DULHIN BAZAR District- PATNA ======================================================

1. Niraj Kumar Son of Sri Suresh Prasad Resident of Village - Rikhai Tola, P.S. - Dulhin Bazar, District - Patna.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-01-2015 Both the above stated petitions arise out of Dulhin Bazar P.S.Case No. 59 of 2014 registered under section 307 and other minor sections of the Indian Penal Code. Accordingly, both the above stated petitions are being disposed of by this common order.

Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners along with two others are named in the first information report and the informant claimed only to this extent that he had seen the petitioners and other accused having

Patna High Court Cr.Misc. No.37166 of 2014 (4) dt.27-01-2015 2/2 different weapons in their hand fleeing from the place of occurrence. The statement of injured has been recorded at Para-66 of the case diary, in which he stated that he was assaulted by the petitioners and two other accused by means of lathi , Farsa and Garasa. Para 31 of the case diary reveals that injured sustained one injury on his head which was found grievous in nature and cause by hard and blunt substance. The other co-accused namely, Suresh Prasad and Ranjit Kumar have already been granted privilege of anticipatory bail by the learned Sessions Judge, Patna vide order dated 19.12.2014 passed in A.B.P.No. 20488 of 2014, therefore in the aforesaid circumstance, I think it proper to release the petitioners on bail.

Accordingly, both the above stated petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur, Patna in connection with Dulhin Bazar P.S.Case No. 59 of 2014. (Hemant Kumar Srivastava, J) Namita/- U T