Kamlesh Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35499 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- MAIN P.S. District- Gaya ====================================================== KAMLESH MISTRY S/o- SARYU MISTRY Village- Pai Bigha Tola- Banshi Bigha Ps- Main Pai Bigha Dist- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Ganesh Prasad Singh Mr. Rabindra Kumar Priyadarshi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2023 Heard the parties.

2. The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 307, 379 and other allied Sections of the Indian Penal Code.

3. The allegation against the petitioner is that he along with other co-accused persons assaulted the son of the informant by means of several weapons due to which he sustained injuries.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that the specific

Patna High Court CR. MISC. No.35499 of 2023(4) dt.05-10-2023 2/2 allegation is against the co-accused Sunaina Devi to assault the son of the informant due to which he sustained grievous injury. Petitioner has no criminal antecedent.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as the present petitioner is not the author of the grievous injury of the injured, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Main (Pai Bigha O.P.) P.S. Case No.10 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T