Kamleshwar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63831 of 2023 Arising Out of PS. Case No.-196 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== KAMLESHWAR SHARMA S/O LATE MAUJI RAY VILL BALMI SIRISIYA, PS- KALYANPUR, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 341, 323, 324, 307, 354B, 379, 380, 504, 506, 34 of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioner and co-accused persons armed with various weapons came at house of the informant and started abusing and assaulting to the informant's wife due to which she sustained injury on her forehead. It is further alleged that the the petitioner and coaccused persons also assaulted the informant and took away cash Rs. 45,000/- and other golden articles from his house.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.63831 of 2023(2) dt.10-10-2023 2/2 petitioners have submitted that petitioners are innocent and have committed no offence. Both parties are agnates and and due to previous dispute he has falsely been implicated in this present case. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. As per impugned order, the injured has sustained four injuries in which one is grievous and three are simple in nature. It is further submitted that the petitioner is languishing in judicial custody since 12.06.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kalyanpur P.S. Case No. 196 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran. (Sunil Kumar Panwar, J) Manishkumar/- U T