Kamli Kumar @ Kamli @ Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72098 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

Kamli Kumar @ Kamli @ Kamlesh Kumar Son Of Ram Narayan Paswan Resident Of Village- Sahpur, Ps- Khodawandpur, Dist- Begusarai 2.

Ram Narayan Paswan Son Of Late Musahru Paswan Resident Of VillageSahpur, Ps- Khodawandpur, Dist- Begusarai 3.

Rajo Paswan Son Of Late Musahru Paswan Resident Of Village- Sahpur, PsKhodawandpur, Dist- Begusarai 4.

Aakash Kumar Son Of Ashok Paswan Resident Of Village- Sahpur, PsKhodawandpur, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Khodawandpur (Chhorahi O.P.) P.S. Case No. 192 of 2023 registered under sections 341, 323, 307, 504 and 34 of the Indian Penal Code and later on Section 302 of the IPC was added.

Allegation against the petitioners along with other coaccused persons is that they assaulted the informant along with his family members due to which they sustained injuries and

Patna High Court CR. MISC. No.72098 of 2023(3) dt.09-01-2024 2/3 later on informant's son died during the course of treatment. Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case due to land dispute. No any specific overt act of assaulting against the petitioners rather general and omnibus allegations have been attributed against all of them. There is case and counter case between both the parties and both parties have sustained injuries as alleged in separate occurrence. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Similarly situated other co-accused persons have already been granted bail by another co-ordinate Bench of this Court vide order dated 29.11.2023 in Cr. Misc. No. 75736 of 2023. Moreover, the petitioner No.1 is languishing in judicial custody since 23.07.2023 and petitioner No.2 to 4 are languishing in judicial custody since 19.08.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed

Patna High Court CR. MISC. No.72098 of 2023(3) dt.09-01-2024 3/3 to be enlarged on bail in connection with Khodawandpur (Chhorahi O.P.) P.S. Case No. 192 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Manjhaul, Begusarai.

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