Prakash Kamait v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1002 of 2023 Arising Out of PS. Case No.-303 Year-2019 Thana- TRIVENIGANJ District- Supaul ====================================================== Prakash Kamait S/o Budhan Kamet R/o Village- Parsahi, P.S.-Triveniganj, Distt- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Kumar Mehta, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP.

For the O.P. No.2 :

Mr. Upendra Kumar Chaubey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 420, 504, 506/34 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with other person have beaten the informant and not let him built his home in his share of land.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

Patna High Court CR. MISC. No.1002 of 2023(3) dt.29-01-2024 2/2 There is admitted land dispute between the parties and the petitioner and the informant are agnates (gotiya). He further submits that there is a compromise established between the parties and this fact is not denied by the learned counsel for the opposite party no.2. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State and learned counsel for the opposite party no.2 opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, there is a compromise between the parties, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Triveniganj P.S. Case No. 303 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T