Kamlesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47761 of 2022 Arising Out of PS. Case No.-137 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

KAMLESH RAI Son of Late Jwala Prasad Rai Resident of Village - Katrakala, P.s.- Mohania, Distt.- Kaimur.

2.

Bhola Rai @ Akhilesh Rai Son of Late Vanshnarayan Rai Resident of Village - Katrakala, P.s.- Mohania, Distt.- Kaimur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwajeet Kumar Mishra For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

Counsel for the petitioners is permitted to make necessary correction at paragraph-14 of the main application in course of the day.

The petitioners seek bail in a case registered under Sections-147, 148, 149, 447, 341, 323, 307 504 and 302 of the Indian Penal Code.

Allegedly, five persons including the petitioners are said to have assaulted the deceased with Danda. The deceased sustained

Patna High Court CR. MISC. No.47761 of 2022(2) dt.20-12-2022 2/2 injury and died after seven days of the occurrence. It has been submitted that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 23-05-2022. Charge sheet has already been submitted in this case. The petitioners have falsely been implicated in the present case due to previous enmity. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Death is said to have taken place after seven days of the alleged occurrence.

On behalf of the State, it is submitted that the petitioners are named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Mohania P.S. Case No. 137 of 2022.

(Sudhir Singh, J) A.K.V.//- U T