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Patna High CourtCR. MISC./80870/2023allowed

Kashi Nath Kamker @ Khashinath Kharwar v. The State Of Bihar

2023-12-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80870 of 2023 Arising Out of PS. Case No.-191 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.

Kashi Nath Kamker @ Khashinath Kharwar S/O Late Haribans Ram @ Late Haribans Kamkar Resident Of Village -ARJUNPUR Ward No 10, Arjunpur, P.S- Buxar (INDUSTRIAL Area), Distt.- Buxar.

2.

Rajnet Kamker @ Rajnet Kamkar @ Rajnet Ram @ Rajnet Kharwar S/O Late Haribans Ram @ Haribans Kamkar Resident Of Village -ARJUNPUR Ward No 10, Arjunpur, P.S- Buxar (INDUSTRIAL Area), Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nil Kamal For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2023 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 147, 149, 341, 323, 307, 504, 506 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioners is that they along with other co-accused persons have assaulted the informant and others by means of various weapons.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not

Patna High Court CR. MISC. No.80870 of 2023(2) dt.19-12-2023 2/2 specific rather general and omnibus in nature. He submits that there is case and counter case between the parties and both sides have sustained injuries and one injured person has sustained grievous injury but there is no specific allegation against the petitioners. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, 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 Buxar (Industrial) P.S. Case No.191 of 2023, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T