Kamlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3352 of 2021 Arising Out of PS. Case No.-180 Year-2019 Thana- DAUDPUR District- Saran ====================================================== KAMLESH KUMAR SON OF LATE GANGA PRASAD RESIDENT OF VILLAGEJAIRAMPUR, P.S.- CHAINPUR, DISTKAIMUR AT BHABHUA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Adv.
Mr. Chandra Mohan Jha For the Opposite Party/s :
Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-02-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Daudpur P.S. Case No. 180 of 2019 registered under Sections 323, 325, 304 and 504 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that petitioner is a police personnel. He is innocent and has falsely been implicated in the present case due to ulterior motive. The deceased driver (Guddu Rai) of the alleged truck has sustained several injuries on his body during the course of fleeing away. During interrogation, a liquor smell was also coming out from his mouth. The apprehended driver along with one person with the said truck and seized materials were brought to the police station and informed the same to the
Patna High Court CR. MISC. No.3352 of 2021(8) dt.28-02-2022 2/2 higher authority and thereafter, a case was lodged in this regard. Both the accused persons were sent to P.H.C. for treatment and thereafter, they were remanded to judicial custody. Further he submits that the apprehended accused Guddu Rai was a veteran criminal and there are several cases pending against him. The said truck driver was brutally assaulted by 15-20 unknown persons on the date of alleged occurrence. Further he submits that deceased Guddu Rai was sent to jail and some prisoners brutally assaulted to him in Saran Jail. Thereafter, Jail Administration sent him Sadar Hospital, Chapra for treatment but he was referred to P.M.C.H. for better treatment where he died.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of A.C.J.M.-XIV, Saran at Chapra in connection with Daudpur P.S. Case No. 180 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C. shailendra/- (Arvind Srivastava, J) U T