Kamlesh Kumar Singh @ Kamlu Kumar Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53455 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -JAYNAGAR District- MADHUBANI ======================================================
1. Kamlesh Kumar Singh @ Kamlu Kumar Singh S/o Raj Kishore Singh
2. Vijay Kumar Yadav S/o Laxman Yadav Both are resident of village-Karharba, P.S.-Jai Nagar,District Madhubani. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 13-11-2017 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor for the State. The petitioners apprehend arrest in connection with Jai Nagar P.S. Case No. 14 of 2017, registered for the offences under Sections 147, 148, 149, 447, 341, 323, 324, 307, 354 and 504 of the Indian Penal Code.
Allegation as per FIR is that altogether seven accused persons came and assaulted Bechan Mukhiya on his head. The injured lost consciousness and was moved to hospital. Learned counsel for the petitioners submits that these petitioners have no concern either with the informant or other coaccused. The petitioners have been implicated on account of local politics. The allegation of assault is omnibus and that too against
Patna High Court Cr.Misc. No.53455 of 2017 (2) dt.13-11-2017 2/2 other co-accused. These petitioners have no concern with the family of Ram Promod Yadav but due to dirty village politics, they have falsely been implicated in this case. Further submission is that petitioners have no criminal antecedent and similarly situated co-accuseds, namely, Mahendra Yadav and Amar Kumar @ Amar Yadav have been allowed anticipatory bail by one of the coordinate Bench of this Court on 10.08.2017 in Criminal Miscellaneous No. 32637 of 2017. The case of petitioners stands on similar footing and so the petitioners also deserve anticipatory bail.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Madhubani, in connection with Jai Nagar P.S. Case No. 14 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Sanjay Kumar, J) Mahesh/- U T