Kamlesh Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58271 of 2021 Arising Out of PS. Case No.-68 Year-2021 Thana- SINGHIYA District- Samastipur ====================================================== KAMLESH SAHU S/o LATE SHIV SHANKAR SAHU R/o VILLAGEAAKOPUR, P.S-SINGHIYA, DISTRICT-SAMASTIPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Singhiya P.S. Case no. 68 of 2021 instituted for the offence punishable under Sections 147, 148, 307, 323, 337, 341, 354, 379 and 504 of the Indian Penal Code.

As per allegation in the FIR, when the informant was at her maize field, several accused persons including the petitioner came there and started to harvest the maize crops then on protest raised by the informant, accused persons started to abuse and assault. When her mother and brother came there to rescue her, they were also beaten up by the accused persons. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.58271 of 2021(4) dt.20-07-2022 2/2 has submitted that petitioner is innocent and has been falsely implicated in this case. Both parties are family members and over a land dispute, an scuffle took place.

Learned counsel for the informant and learned APP appearing for the State have opposed the prayer of bail and submitted that there is specific allegation of repeated assault against the petitioner. Injury report of DMCH, shows brain hemorrhage which is grievous in nature. Petitioner has brutally beaten the informant resulting into bleeding from her nose and mouth.

Having heard learned counsel for the parties and taking into consideration the gravity of the offence and nature of injury, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U