Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65323 of 2023 Arising Out of PS. Case No.-815 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== KAMLESH KUMAR SON OF DINESH PRASAD RESIDENT OF VILLAGE -CHAILAHA PAKADIYA, PS- BANJARIYA, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

The allegation against accused persons including the petitioner is of abusing and assaulting the informant and his brother as a result of which they sustained injury. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to dirty village politics. General and omnibus allegation has been levelled against

Patna High Court CR. MISC. No.65323 of 2023(2) dt.13-10-2023 2/2 the accused persons including the petitioner. No specific allegation of assault against the petitioner. So far as injury of the injured is concerned, the doctor has found all injuries are simple in nature. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is also submitted that petitioner is languishing in judicial custody since 24.07.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Turkauliya (Banjariya) P.S. Case No. 815 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran.

(Sunil Kumar Panwar, J) lata/- U T