Kamlesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51769 of 2021 Arising Out of PS. Case No.-95 Year-2021 Thana- NALANDA District- Nalanda ====================================================== Kamlesh Prasad S/o Late Ramadhin Prasad R/o village- Dularua Bigha, P.S.- Silao, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-02-2022 Heard learned counsel for the petitioner and Shri Nand Kishore Prasad, learned A.P.P. for the State through virtual Court proceedings.

The petitioner seeks bail in connection with Nalanda P.S. Case No. 95 of 2021 instituted for the offences under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 16.07.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that when he was going to Silao by tractor on 13.06.2021, he was intercepted by petitioner and named accused persons near bhattha of Video Singh and was asked to come

Patna High Court CR. MISC. No.51769 of 2021(2) dt.08-02-2022 2/3 down from the tractor, further on orders of the petitioner, Chandan assaulted the informant by brick causing injury on head and thereafter three named accused persons excluding the petitioner also assaulted the informant leading to injury, accordingly the informant was referred to RIMS from Sadar Hospital, Biharsharif for better treatment.

Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that specific allegation of assault is against four named accused persons and as far as this petitioner is concerned, he is alleged to an order giver. Learned counsel further submits that petitioner has been falsely implicated in the present case without alleging that he also participated in the assault and by merely stating that he was an order giver.

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 16.07.2021, charge-sheet has been submitted in the case, petitioner is a person with clean antecedent, is alleged to be the order giver and had not assaulted the informant, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

Patna High Court CR. MISC. No.51769 of 2021(2) dt.08-02-2022 3/3 of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Nalanda P.S. Case No. 95 of 2021.

(Satyavrat Verma, J) Rishi/- U T