Kamlesh Prasad @ Kamlesh Prasad Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32386 of 2021 Arising Out of PS. Case No.-154 Year-2020 Thana- BHORE District- Gopalganj ====================================================== KAMLESH PRASAD @ KAMLESH PRASAD BHAGAT Son of Nathuni Bhagat @ Nathuni Prasad Resident of Village - Kharpakwa, P.S.- Bhorey, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bhorey P.S. Case no. 154 of 2020 instituted for the offence under Sections 427, 341, 323, 307, 504, 506/34 of the Indian Penal Code.

As per allegation in the FIR, when the informant along with his daughter and wife was sleeping outside due to warm weather, several accused persons including the petitioner came there armed with lathi, danda and with an intention to kill them started to assault the informant and his wife. They also damaged their house and Atta Chakki.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.32386 of 2021(2) dt.22-02-2022 2/2 offence. He has falsely been implicated in this case. Informant and petitioner are co-villagers and an old land dispute is going on between the parties. Injuries received by the informant and his wife are simple in nature. He has got no criminal antecedent. There is case and counter case.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bhorey P.S. Case no. 154 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VII, Gopalganj subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U T