Kamlesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69574 of 2024 Arising Out of PS. Case No.-404 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== 1.
Kamlesh Yadav S/o Chhote Lal Yadav @ Chhote Yadav R/o VillageMustafapur (Mathurapur), P.S.- Noorsarai, District- Nalanda 2.
Akhilesh Yadav S/o Chhote Lal Yadav @ Chhote yadav R/o VillageMustafapur(Mathurapur), P.S.- Noorsarai, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anirudh Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Manoj Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code.
3. Allegedly, all the FIR named accused persons including the petitioners are said to have abused and assaulted the informant's side brutally by means of deadly weapons due to which they have sustained injuries.
4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place.
Patna High Court CR. MISC. No.69574 of 2024(2) dt.20-12-2024 2/3 They have falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. Both the parties are next door neighbours and there is case and counter case between them. Though there is direct allegation against the petitioners to give iron rod blow upon the head of the informant, namely, Nitesh Kumar, but as per the injury report, the injuries sustained by the injured were found simple in nature. Similarly situated co-accused has been enlarged on bail by this court vide order dated 08.01.2024 passed in Cr. Misc. No. 84055 of 2023. Petitioners have two criminal antecedents as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, since the injuries caused by the petitioners to the informant were found simple in nature, 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 lower Court where the case is pending/successor Court in connection with Noorsarai P.S. Case
Patna High Court CR. MISC. No.69574 of 2024(2) dt.20-12-2024 3/3 No. 404 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T