Kamlesh Gupta @ Kamlesh Saw And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36734 of 2018 Arising Out of PS.Case No. -17 Year- 2018 Thana -KASMA District- AURANGABAD ======================================================

1. KAMLESH GUPTA @ KAMLESH SAW, S/o Kedar Sao,

2. Amlesh Kumar Gupta @ Amlesh Gupta @ Amlesh Saw S/o Kedar Sao,

3. Kedar Sao S/o Jitan Sao, All R/o Vill.- Chitrasari, P.S.- Kasma, DistrictAurangabad (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Kasma P.S.Case no.17/2018 , registered for offences punishable under Sections 147, 148, 341, 323, 324, 307, 354 and 504 of the Indian Penal Code.

Allegation against the petitioners is of assault to the informant and others.

Submission of the learned counsel for the petitioners is that there is general and omnibus allegation against the petitioner and there is case and counter case between the parties. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.36734 of 2018 (3) dt.23-07-2018 2/2 circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Kasma P.S.Cas No.17 of 2018 subject to condition as laid down under Section 438

(2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T