Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29768 of 2018 Arising Out of PS.Case No. -82 Year- 2018 Thana -MADANPURA District- AURANGABAD ====================================================== Kamlesh Kumar, Son of Bhundal Chaudhary, Resident of Village- Erki, Kala, P.S.- Madanpur, District- Aurangabad (Bihar). .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Madanpur P. S. Case No. 82 of 2018 registered under Sections 341, 323, 353, 504 and 506 read with 34 of the Indian Penal Code.

It is contended by the learned counsel for the petitioner that there is case and counter-case and the instant case has been instituted only after Mukhiya of Panchayat raised objection that the informant was not executing the work properly. It is further contended that the petitioner has been implicated only on account of the fact that he happens to be the husband of

Patna High Court Cr.Misc. No.29768 of 2018 (2) dt.17-05-2018 2/2 Mukhiya.

Learned Additional Public Prosecutor for the State opposed the prayer for grant of pre-arrest bail to the petitioner. Considering the nature of allegation and the submissions made above, the petitioner named above, who is said to be a man of clean antecedent, is directed to be released 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 Chief Judicial Magistrate, Aurangabad in Madanpur P. S. Case No. 82 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T