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Patna High CourtCR. MISC./18571/2023allowed

Kamlesh Singh @ Kamlesh Ray @ Kamlesh Rai v. The State Of Bihar

2023-06-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18571 of 2023 Arising Out of PS. Case No.-220 Year-2022 Thana- CHARPOKHARI District- Bhojpur ====================================================== Kamlesh Singh @ Kamlesh Ray @ Kamlesh Rai S/O Late Ramesh Rai R/O Village-Malaur, P.S.-CHARPOKHARI, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Ataul Haque For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 354, 307, 506/34 of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have assaulted the husband of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is agnate of the informant and there is land dispute between them. The allegation levelled against the petitioner is that he had hit the husband of the informant due to which he had sustained head injury, injury was found simple in

Patna High Court CR. MISC. No.18571 of 2023(3) dt.24-06-2023 2/2 nature, a copy of the injury report is annexed as Annexure-2 to the bail application. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the nature of the injury, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Charpokhari P.S. Case No. 220 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T