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Patna High CourtCR. MISC./42069/2022allowed

Ram Bidesh Kamti v. The State Of Bihar

2022-11-14Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42069 of 2022 Arising Out of PS. Case No.-212 Year-2021 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

RAM BIDESH KAMTI Son of Basudeo Kamti Resident of village - Chatar, P.S.- Kuseswarsthan, Dist.- Darbhanga.

2.

Pankaj Kamti Son of Ghuran Kamti Resident of village - Chatar, P.S.- Kuseswarsthan, Dist.- Darbhanga.

3.

Ranjit Kamti Son of Soti Kamti Resident of village - Chatar, P.S.- Kuseswarsthan, Dist.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Prasad For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2022 Heard learned counsel for the petitioners as well as learned APP for the State.

Vide order dated 20.10.2022 the bail application as against petitioner no.1 namely, Ram Bidesh Kamti was dismissed as withdrawn Now, this application is being heard with regard to petitioner nos.2 and 3 only.

The petitioner no.2 and 3 apprehend their arrest in a case registered for the offence punishable under section 147, 341, 323, 307, 354(B), 379, 504 of the IPC.

Allegedly, the petitioners alongwith other accused

Patna High Court CR. MISC. No.42069 of 2022(3) dt.14-11-2022 2/3 persons assaulted the informant's side by means of several weapons.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. There is a case and counter case between the parties. In the alleged occurrence, both sides have sustained injuries and the injuries are grievous in nature. Petitioners have no criminal antecedent, which is also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since both sides have sustained grievous injuries, let the above named petitioner nos. 2 and 3 be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.42069 of 2022(3) dt.14-11-2022 3/3 court below where the case is pending/Successor Court in Kuseswarsthan P.S. Case No.212 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T