Patna High CourtCR. MISC./29527/2018bail granted

Kamlesh Jaiswal @ Kamlesh Prasad v. The State Of Bihar

2018-07-02Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26159 of 2018 Arising Out of PS.Case No. -67 Year- 2018 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================

1. Munna Rastogi S/o Mohan Rastogi, R/o Vill.- Jehanabad, Kudra, P.S.- Kudra, District- Kaimur (Bhabhua).

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.29527 of 2018 Arising Out of PS.Case No. -67 Year- 2018 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================

1. Kamlesh Jaiswal @ Kamlesh Prasad S/o Late Sita Ram Sah, R/o Jehanabad, P.S.- Kudra, District- Kaimur.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.26159 of 2018) For the Petitioner/s : Mr. Saroj Kumar Sharma For the Opposite Party/s : Mr. Sri Narsingh Tanti (In Cr.Misc. No.29527 of 2018) For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2018 Heard the parties.

Cr.Misc.No.26159 of 2018 and Cr.Misc.No.29527 of 2018 arise out of Kudra P.S.Case No.67 of 2018 and are being heard together and disposed of by this common order. The petitioners are apprehending their arrest in connection with Kudra P.S. Case No. 67 of 2018, registered for

Patna High Court Cr.Misc. No.26159 of 2018 (5) dt.02-07-2018 2/3 the offences punishable under Sections 341, 323, 325, 307/34 of the Indian Penal Code.

Allegation as per the F.I.R. against the petitioners is of assaulting the informant with stone causing injuries on his head. Submission of learned counsel for the petitioners is that injuries are simple in nature. Moreover, there is no specific allegation of assault against the petitioners rather they have falsely been implicated in this case due to previous enmity. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from today, be released 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 the learned A.C.J.M. - VI, Bhabhua (Kaimur, in connection with Kudra P.S. Case No. 67 of 2018, subject to conditions as laid down under section 438 (2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and further condition is that they have to cooperate in the investigation of the case and make himself available

Patna High Court Cr.Misc. No.26159 of 2018 (5) dt.02-07-2018 3/3 as and when required by the police, otherwise the prosecution is free to move for cancellation of their bail bonds. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) AnilKrSinha/- U