Gajendra Kamti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29598 of 2022 Arising Out of PS. Case No.-42 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== 1.

GAJENDRA KAMTI Son of Mohan Kamti Resident of Village - Sukhasan Chakla, P.S. and District - Madhepura 2.

PRINCE KUMAR Son of Gajendra Kamti Resident of Village - Sukhasan Chakla, P.S. and District - Madhepura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. The informant alleges that since he did not agree to sale the land about which petitioner no. 1 was pressuring, the accused persons came and Amit Kumar assaulted by lathi and rod causing injury on his back, neck and hand. Further, on order

Patna High Court CR. MISC. No.29598 of 2022(2) dt.16-11-2022 2/3 of petitioner no. 1, the petitioner no. 2 assaulted with rod causing injury on the head of his wife and Kajal Kumari assaulted by lathi to Pinki Kumari, further cash and valuable articles as detailed in the FIR were taken away. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that the date of occurrence is 12.01.2022 and the FIR was instituted on 16.01.2022 i.e. after a delay of four days without any plausible explanation. It is next submitted that even presuming what is alleged is true without admitting for the purposes of anticipatory bail then the injuries are simple in nature which amply demonstrates that petitioners never had the intention of committing the occurrence.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where

Patna High Court CR. MISC. No.29598 of 2022(2) dt.16-11-2022 3/3 the case is pending/successor court in connection with Madhepura P.S. Case No. 42 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T