Kamlesh Kumar @ Kamlesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13190 of 2023 Arising Out of PS. Case No.-1024 Year-2022 Thana- KANKARBAG District- Patna ====================================================== 1.

KAMLESH KUMAR @ KAMLESH PRASAD Son of Shyam Mahto Resident of Mohalla- Jawahar Colony Road No.-1, P.S.- Kankarbagh, District- Patna.

2.

BITTU KUMAR @ BITTU Son of Kamelsh kumar @ Kamlesh Prasad Resident of Mohalla- Jawahar Colony Road No.-1, P.S.- Kankarbagh, District- Patna.

3.

NIKHIL KUMAR Son of Kamlesh Kumar @ Kamlesh Prasad Resident of Mohalla- Jawahar Colony Road No.-1, P.S.- Kankarbagh, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Choudhary For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Kankarbagh P.S. Case No.1024 of 2022, registered for the offences punishable under Sections 341, 323, 379, 504, 506 and 34 of the Indian Penal Code.

Prosecution story, in brief, is that the informant, Sita Ram Prasad gave a written report before the SHO of Kankarbagh P.S. on 26.10.2022 stating therein that Kamlesh Kumar, one of the petitioners had come to grocery shop of the informant and demanded grocery items as rangdari, but the

Patna High Court CR. MISC. No.13190 of 2023(2) dt.29-04-2023 2/3 informant denied. It is further alleged that petitioners came to the shop of the informant and attacked with rod and lathi with intention to kill him. Due to this, the informant sustained injuries and the petitioners took out Rs.13,700/- from the pocket of the informant and fled away.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the matter has been compromised between the parties. Learned counsel for the petitioners has annexed the compromise petition as Annexure-2 to this bail application.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Considering the fact that the matter has been compromised between the parties, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna in

Patna High Court CR. MISC. No.13190 of 2023(2) dt.29-04-2023 3/3 connection with Kankarbagh P.S. Case No.1024 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T