Ram Lakhan Kamat @ Ram Lakhan Karak And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42272 of 2014 Arising Out of PS.Case No. -251 Year- 2013 Thana -CHHATAPUR District- SUPAUL ======================================================
1. Ram Lakhan Kamat @ Ram Lakhan Karak son of Late Bersu Karak
2. Bishun Chaudhary @ Bishundeo Chaudhary son of Late Mahabir Chaudhary
3. Baneshwar Kamat @ Baneshwar Mandal @ Banai Mandal S/o Late Chhedi Mandal All are resident of Village - Hariharpur (Bhagwatpur), P.S. - Chhatapur, Dist - Supaul.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Ram Sewak Choudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-03-2015 Heard the parties.
In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 147, 148, 149, 341, 447, 323, 324, 307, 379 and 504 of the I.P.C. Allegedly, for taking possession over the land petitioner no. 3 Baneshwar Kamat gave farsa blow on the head of the informant and he fell down and then again co-accused Baneshwar Mandal and petitioner no.3 with intention to kill him
Patna High Court Cr.Misc. No.42272 of 2014 (2) dt.04-03-2015 2/3 started pressing his neck and when son of the informant Pritam Kumar came to rescue he was also assaulted by Khelanand Mahto with farsa and when others came for rescue they were also assaulted by fists, bats and lathi and further they took away the amount of Rs. 10,500/- from the pocket, one wrist watch, gold ring and mobile phone.
Submission is that against petitioner nos. 1 and 2 there is no specific allegation and so far petitioner no.3 is concerned the injury found on the person of the informant vide Annexure-2 are all simple caused by hard and blunt substance and as such the petitioners deserve sympathetic consideration for privilege of prearrest bail. The learned A.P.P. opposes the prayer for pre-arrest bail.
In the facts and circumstances as stated above, considering that on the person of the informant four injuries have been found and all are caused by hard and blunt substance and simple in nature and as such the petitioners in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. C.J.M.
Patna High Court Cr.Misc. No.42272 of 2014 (2) dt.04-03-2015 3/3 Supaul in Chhatapur P.S. Case No. 251 of 2013, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T