Kamli Bind @ Kamleshwary Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41302 of 2021 Arising Out of PS. Case No.-12 Year-2019 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Kamli Bind @ Kamleshwary Bind Son of Mithu Bind Resident of VillageBasgadha, Bind Toli, P.S.- Medini Chowki, District- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner seeks bail in connection with Mednichowki P.S. Case No. 12 of 2019 instituted for the offences under Sections 341, 323, 324, 302, 504, 506 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 04.01.2021, charge-sheet has been submitted in the case and has antecedent of two cases out of which in one case the petitioner has been acquitted. Learned counsel submits that in the supplementary affidavit inadvertently it has been recorded that petitioner had earlier moved before this Hon'ble Court vide Cr. Misc. No. 41302 of 2021 which is pending. Learned counsel submits that Cr. Misc.
Patna High Court CR. MISC. No.41302 of 2021(4) dt.07-02-2022 2/3 No. 41302 of 2021 is the present case but inadvertently it was recorded in paragraph '2' that the petitioner has moved earlier filing a regular bail.
Learned counsel for the petitioner submits that informant alleges that on account of dispute relating to cutting of grass with nephew, the husband (deceased) of the informant was assaulted by the named accused persons. It is further alleged that on orders of Kamli Bind (petitioner), accused Shobha Devi assaulted the deceased with iron khanti on his head leading to fracture and blood started oozing and he fell on the ground and thereafter Dharamraj Bind, Badelal Bind along with their mother assaulted the informant and her daughter with lathi causing injury and the deceased was declared brought dead by the hospital.
Learned counsel for the petitioner, at the outset, at the cost of repetition again submits that he had not moved earlier before this Court nor any bail with regard to the petitioner except for the present case is pending.
Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that it was on account of a land dispute that the occurrence took place and as far as this petitioner is concerned,
Patna High Court CR. MISC. No.41302 of 2021(4) dt.07-02-2022 3/3 it is alleged that on his orders, Shobha Devi assaulted with iron khanti on the head of the deceased leading to fracture, as such it is submitted that assailant is Shobha Devi.
Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the fact that the petitioner is in custody since 04.01.2021, charge-sheet has been submitted in the case and the petitioner is alleged to be the order giver, let the petitioner above named 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 Additional Chief Judicial Magistrate, Lakhisarai in connection with Medini Chowki P.S. Case No. 12 of 2019.
(Satyavrat Verma, J) Rishi/- U T