Kamlesh Kumar @ Binda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37777 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- BHAGWANGANJ District- Patna ====================================================== KAMLESH KUMAR @ BINDA Son of Shiv Pujan Yadav Resident of Village- Kajichak, Pati Bigha, P.S. Bhawanganj, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bam Bahadur Jha For the Opposite Party/s :
Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.
The prosecution case in short is that while the informant along with his brother was coming from hat, the accused persons, variously armed, assaulted both of them due to which they sustained injuries.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.4.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is said to have
Patna High Court CR. MISC. No.37777 of 2019(2) dt.25-06-2019 2/2 assaulted by butt of the pistol. No firing has been made by him by the pistol. Hence, no offence under Section 307 IPC is made out. At best, it is a case for an offence under Section 325 IPC. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri B.N. Tripathi, Judicial Magistrate, 1st Class, Masaurhi, Patna in connection with Bhagwanganj P.S. Case No. 32 of 2019. (Sudhir Singh, J) Pankaj/- U T