Kamlesh Prasad @ Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65386 of 2018 Arising Out of PS. Case No.-80 Year-2018 Thana- TELHARA District- Nalanda ====================================================== Kamlesh Prasad @ Kamlesh Yadav Son of Rabindra Prasad Resident of Village-Beldari Bigha Tandpar,Police Station Telhara,Distt.-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 379, 307, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that while the informant was sitting in his house, the accused persons came there. They started abusing him and throwing bricks. On protest, the informant was assaulted. It in occurrence, firing was also made. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The nature of injury, received on non-vital part of the body, is said to be simple. No offence u/S 307 of the Indian

Patna High Court Cr.Misc. No.65386 of 2018(3) dt.22-11-2018 2/2 Penal Code is made out.

On behalf of the State and O.P. No. 2, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Telhara P.S. Case No. 80 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T