Kamlesh Prasad @ Kameshwar Prasad @ Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74445 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- KESARIA District- East Champaran ====================================================== 1.

Kamlesh Prasad @ Kameshwar Prasad @ Kamlesh Kumar S/o Kashinath Sah R/o vill - Rajpur, P.S. - Kesariya, Distt. - East Champaran, Motihari 2.

Arun Prasad S/o Kashinath Sah R/o vill - Rajpur, P.S. - Kesariya, Distt. - East Champaran, Motihari 3.

Kundan Prasad S/o Kashinath Sah R/o vill - Rajpur, P.S. - Kesariya, Distt. - East Champaran, Motihari ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

For the Petitioner/s :

Mrs. Namita Sharma, Advocate :

Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray,APP For the Informant :

Mr. Abhishek Kumar, Advocate Mrs. Rashmi Jha, Advocate Mr. Sharad Kr. Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 307, 379 and 504/34 of the IPC.

3.

Allegation against the petitioners is that they along with other accused persons assaulted the informant and his father with iron rod, lathi etc. due to which informant and his father sustained injuries. It is further alleged that wife of petitioner no. 2 snatched gold chain from the neck of the informant.

Patna High Court CR. MISC. No.74445 of 2024(2) dt.28-10-2024 2/2 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. Though there is specific allegation of assault against the petitioners, but injuries have been found to be simple in nature which is annexed as Annexure 2 of the bail application. It is submitted that there is case and counter case between the parties. The petitioners have clean antecedent as mentioned in para 3 of the bail application. 5.

Learned APP for the State and learned counsel for the informant opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case and nature of injury, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kesariya P.S. Case No.71 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) priyanka/- U T