Kamlesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5782 of 2021 Arising Out of PS. Case No.-60 Year-2018 Thana- BATHNAHA District- Sitamarhi ====================================================== 1.

Kamlesh Singh, male, aged about 53 years, Son of Late Bilat Singh 2.

Ravindra Singh, male, aged about 63 years, Son of Late Bilat Singh Both are R/o Village- Ranauli, P.S.- Bathanaha, Dist.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaidehi Raman Prasad Singh, Adv.

For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-10-2021 Heard Mr. Vaidehi Raman Prasad Singh, the learned Advocate for the petitioners and Ms. Veena Kumari Jaiswal, the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Bathanaha P.S. Case No. 60 of 2018, dated 07.03.2018, instituted for the offences under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.5782 of 2021(3) dt.08-10-2021 2/3 It has been alleged in the F.I.R. that over the issue of removing of logs of wood kept in the land of the petitioners, an occurrence took place in which both the petitioners are said to have assaulted the informant. The petitioner No. 1 is said to have hit the informant on his head, whereas the petitioner No. 2 is said to have assaulted the informant on his neck.

It has been submitted on behalf of the petitioners that there is a counter version of the occurrence lodged by the petitioner No. 1. There is a land dispute and, therefore, the possibility of the informant having exaggerated the allegations against the petitioners cannot be ruled out. It has further been submitted that the informant has received simple injuries on his person.

Regard being had to the facts afore-stated and taking into account that the petitioners are persons of clean antecedents, they, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten

Patna High Court CR. MISC. No.5782 of 2021(3) dt.08-10-2021 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bathanaha P.S. Case No. 60 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T