Kamlesh Mahto @ Kamlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45836 of 2023 Arising Out of PS. Case No.-792 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
Kamlesh Mahto @ Kamlesh Kumar Son Of Kishore Mahto Resident Of Village - Bahuarwa, Ward No. 07, P.S. - Majhaulia, Distt. West Champaran 2.
Rabindra Kumar Mahto @ Rabindra Kumar Son Of Kishore Mahto Resident Of Village - Bahuarwa, Ward No. 07, P.S. - Majhaulia, Distt. West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.
3. As per FIR, petitioner no. 1 assaulted the informant by means of iron rod while petitioner no. 2 and others assaulted the father of the informant with Garasi as a result of which both of them received injury.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the parties. He submits that the injury found upon the victim is
Patna High Court CR. MISC. No.45836 of 2023(3) dt.19-09-2023 2/2 simple in nature. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 court below where the case is pending/successor court in connection with Majhaulia P.S. Case No. 792 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T