Kamlesh Kumar @ Kaila v. The State Of Bihar

Patna High Court Cr.Misc. No.40270 of 2016 (2) dt.27-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40270 of 2016 Arising Out of PS.Case No. -60 Year- 2016 Thana -NARHAT District- NAWADA ======================================================

1. Kamlesh Kumar @ Kaila Son of Umashankar Singh Resident of VillageHariya, PS Nardiganj, District Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 27.09.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 302 and other minor sections of the Indian Penal Code. Petitioner is not named in the first information report but it appears from perusal of the impugned order that in course of investigation, informant gave a petition to the police official praying therein to add the names of the petitioner and some others as participants of the present occurrence. So, even if the claim of the informant assumed to be true, then also, petitioner appears to be member of unlawful assembly.

Moreover, it is informed that having similar allegation some co-accused have already been granted privilege of bail. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on

Patna High Court Cr.Misc. No.40270 of 2016 (2) dt.27-09-2016 furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate III, Nawada in Narhat P.S. Case no. 60/2016.

shahid (Hemant Kumar Srivastava,J) U T