Kamlesh Sah @ Kamlesh Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17099 of 2016 Arising Out of PS.Case No. -173 Year- 2012 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kamlesh Sah @ Kamlesh Saw, son of Sonelal Sao, r/o Banjhula, PSChakia, Dist- East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Kumar Singh For the Opposite Party/s : Mr. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-06-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Chakia P.S. case no. 173/2012 registered for the offences punishable under Sections 341, 323, 325, 307, 302/34 of Indian Penal Code.

Allegedly, the petitioner and other co-accused were dragging the son of the informant which was protested and co-accused Sonelal Sah assaulted the son of the informant with dab on the neck, Babita Devi gave axe blow on the head and when Rinku Devi came to

Patna High Court Cr.Misc. No.17099 of 2016 (4) dt.27-06-2016 2/3 save her husband, she was also assaulted. Mukesh Sah also came for rescue but he was also assaulted. Subsequently, Awadhesh Kr. Sah died.

Submission is of false implication and that against the petitioner, there is no allegation for assaulting the deceased, there is specific allegation against Sonelal Sah and Babita Devi. Babita Devi has already been allowed bail and similarly situated co-accused Bhola Sah has also been allowed bail vide Cr. Misc. no. 19968 of 2013 and as such, the petitioner also deserves sympathetic consideration as he is a patient of cancer.

Learned A.P.P. fairly submits that Sonelal Sah is the assailant.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari arising out of Chakia P.S. case no. 173/2012 subject to the conditions that one of the

Patna High Court Cr.Misc. No.17099 of 2016 (4) dt.27-06-2016 3/3 bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from the privilege of bail. (Jitendra Mohan Sharma, J.) rinkee/- U T