Kameshwar Yadav @ Kameshwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19043 of 2021 Arising Out of PS. Case No.-265 Year-2020 Thana- RAJNAGAR District- Madhubani ====================================================== KAMESHWAR YADAV @ KAMESHWAR Son of Sevak Yadav Resident of Village - Barhara Chowk, P.S.- Rajnagar, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate.

For the Opposite Party/s :

Mr. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-01-2022 Heard Mr. Subhash Kumar Jha, learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Rajnagar P. S. Case No. 265 of 2020 instituted for the offences under Sections 341, 504, 323, 324, 325, 307, 354 and 379/34 of the Indian Penal Code.

The informant is said to have demanded his two thousand rupees back from the petitioner where he was assaulted by the petitioner by means of a knife thrice, causing

Patna High Court CR. MISC. No.19043 of 2021(2) dt.10-01-2022 2/3 injuries to him.

The learned counsel for the petitioner has submitted that the accusation is absolutely false as the informant has not received any knife injury. He has further submitted that the petitioner had earlier filed a case against the informant and others vide Rajnagar P.S. Case No. 263 of 2020 for the offences under Section 307 and other sections of the Indian Penal Code. Though the occurrence is said to have taken place on 17.09.2020, but the subject F.I.R. has been lodged on 20.09.2020 and that also without any explanation. There appears to have been some clash between the parties, but both the parties have lodged cases with different accusations.

Regard being had to the background facts and that the informant has received simple injury and that also by hard and blunt substance in face of the accusation against the petitioner of having given three knife blows to him, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.19043 of 2021(2) dt.10-01-2022 3/3 satisfaction of the learned ACJM-I, Madhubani in connection with Rajnagar P. S. Case No. 265 of 2020, subject to the condition as laid down under Section 438 (2) Cr. P.C. The application stands allowed.

(Ashutosh Kumar, J) mantreshwar/- U T