Patna High CourtCR. MISC./18667/2024bail granted

Kamlesh Yadav v. The State Of Bihar

2024-04-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18667 of 2024 Arising Out of PS. Case No.-540 Year-2023 Thana- RAHUI District- Nalanda ====================================================== KAMLESH YADAV S/O LATE SHESH YADAV R/O VILLAGEGOBINDPUR, P.S- RAHUI, DISTT.- NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indrajit Kumar, Adv.

For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Rahui P.S. Case No. 540 of 2023 dated 07.12.2023 registered for the offence/s punishable u/ss 147, 148, 149, 341, 323, 307, 353 of the Indian Penal Code and 27 of Arms Act.

3. As per the prosecution case, an altercation was going on between two groups of people, in the meantime, the police personnel reached there and tried to stop the altercation but the mob started assaulting the police personnel with iron rod, lathi, danda, stone and brick and caused hindrance in the discharge of official duty and police recovered two empty cartridges besides the house.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case.

Patna High Court CR. MISC. No.18667 of 2024(2) dt.04-04-2024 2/2 There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two other criminal antecedents as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Nalanda, Bihar Sharif in connection with Rahui P.S. Case No. 540 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T