Kamlesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9300 of 2023 Arising Out of PS. Case No.-286 Year-2021 Thana- BHELDI District- Saran ====================================================== Kamlesh Ram Son Of Late Mukhlal Ram Resident Of Village- Pachrukhi, P.S.- Bheldi, District- Saran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 504 of the Indian Penal Code.

The prosecution case in nutshell is that petitioner along with other co-accused, armed with lathidanda, came at the house of informant and assaulted the wife of informant. When the son of informant, namely, Mukesh Kumar, came for her rescue, petitioner assaulted him by means of Dab, due to which he

Patna High Court CR. MISC. No.9300 of 2023(2) dt.18-04-2023 2/3 sustained head injury.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that both parties are agnates and there is land dispute between them. From perusal of the injury report, it appears that injury sustained by the injured Mukesh Kumar is caused by Hard and blunt substance and doctor opined the injury as simple in nature. Moreover, the petitioner is languishing in judicial custody since 17.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on

Patna High Court CR. MISC. No.9300 of 2023(2) dt.18-04-2023 3/3 bail in connection with Sessions Trial No. 647 of 2022, arising out of Bheldhi P.S. Case No. 286 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned XIIth Additional Sessions Judge, Saran.

(Sunil Kumar Panwar, J) nirajkrs/- U T