Kamlesh Yadav @ Kamlesh Neta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42598 of 2018 Arising Out of PS.Case No. -113 Year- 2018 Thana -RAMKRISHNANAGAR District- - ======================================================
1. Kamlesh Yadav @ Kamlesh Neta, Son of Shambhu Yadav @ Shambhu Rai, Resident of Village- Jaganpura, P.S.- Ram Krishna Nagar, Dist.- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prakash Ranjan Sinha For the Opposite Party/s : Smt. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2018 The petitioner is apprehending his arrest in connection with Ram Krishna Nagar P.S. Case No. 113/2018, registered for offences punishable under Sections 341, 323, 337, 379, 504 and 506 of the Indian Penal Code.
Allegation as per F.I.R that the informant had purchased a piece of land in favour of his wife and has gone on his land and found that the petitioner has kept soil on the said plot and has taken the land on his possession and on objection by the informant, he assaulted the informant with rod on his head and snatched away golden chain worth Rs. 60,000/- It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and plot no. 623 is a big plot and there are several purchasers in this plot and father of the
Patna High Court Cr.Misc. No.42598 of 2018 (2) dt.23-07-2018 2/3 petitioner also happens to be one of the purchasers and he was using his own land and not the land of petitioner and other allegation of assault as well as snatching of golden chain is ornamental in nature and no injury was found on the person of the informant.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM - Patna, in connection with Ram Krishna Nagar P.S. Case No. 113/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as
Patna High Court Cr.Misc. No.42598 of 2018 (2) dt.23-07-2018 3/3 and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T