Patna High CourtCR. MISC./35271/2024bail granted

Kamlesh Pandey v. The State Of Bihar

2024-05-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35271 of 2024 Arising Out of PS. Case No.-376 Year-2023 Thana- CHAKAI District- Jamui ====================================================== KAMLESH PANDEY S/O LATE SHALIGRAM PANDEY R/O VILLAGPANDEYDIH, P.S- CHAKAI, DISTT.- JAMUI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kant, Adv.

Mr. Ashish Anand, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Chakai P.S. Case No. 376 of 2023 dated 08.12.2023 registered for the offence/s punishable u/ss 341, 323, 307, 354B, 504, 506 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have assaulted the informant on her head with sharp edged weapon with intention to kill due to that she became unconscious. When her husband came to rescue, the petitioner also assaulted him with lathi causing injury and the petitioner tried to kill by pressing his neck.

Patna High Court CR. MISC. No.35271 of 2024(2) dt.16-05-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per the injury report, the informant sustained injuries which are simple in nature caused by hard and blunt substance. The injured Madan Pandey sustained cut injury of 2 CM on his left knee which is stated to be grievous in nature caused by hard and blunt substance which is on the non-vital part of the body. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 16.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jamui in connection with Chakai P.S. Case No. 376 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.35271 of 2024(2) dt.16-05-2024 3/3 cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T