Kamo Kamti And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29642 of 2018 Arising Out of PS.Case No. -205 Year- 2016 Thana -BIHARIGANJ District- MADHEPURA ======================================================

1. Kamo Kamti, S/o Late Ganga Kamti,

2. Guddu Kumti @ Ranjit Kamti S/o Late Yogendra Kamti,

3. Mantun Kamti @ Mantu Kamti S/o Late Ganga Kamti,

4. Shankar Kamti S/o Mantu Kamti, All are R/o Vill.- Belahi, P.S.- Biahriganj, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-05-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek pre-arrest bail in connection with Bihariganj P.S. Case No.205 of 2016 registered for the offences under Sections 341, 323, 324, 307 and 379/34 of I.P.C. Accusation is that eight persons named in the F.I.R. including the petitioners surrounded the informant, Dhirendra Kumar Jha and at that time co-accused Bouku Mukhia gave him dabiya blow causing injury on his head and co-accused Pinku Mandal assaulted him with rod. At that time petitioner no.1, Kamo Kamti snatched golden chain from the neck of the informant and Bouku Mukhiya snatched cash Rs.15000/- from his pocket.

Patna High Court Cr.Misc. No.29642 of 2018 (2) dt.14-05-2018 2/2 Learned counsel appearing on behalf of the petitioners submits that as there is allegation that co-accused Bouku Mukhiya assaulted the informant with dabiya causing injury on his head and co-accused Pinku Mandal assaulted him with iron rod but injury report reveals that the injury sustained by the informant is simple in nature. There is general and omnibus allegation against the petitioners except allegation of snatching gold chain from the neck of the informant is against petitioner no.1, Kamo Kamti. In fact the informant had dashed a boy through this motor cycle due to this reason villagers caused assault to the informant. But the informant also disclosed the name of the petitioners with false allegation. Petitioners have no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within six weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Sri Abhimanu Kumar, J.M. 1st Class, Udakishunganj, Madhepura, in Bihariganj P.S. Case No.205 of 2016 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U