Kamlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84593 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Kamlesh Kumar S/O Ram Narayan Prasad Resident of village- Mauje, ward no. 13, Raxaul, P.S.- Raxaul, Dist.- East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Ranjan, Advocate For the Opposite Party/s :
Mr. Mohammed Arif , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-01-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 379, 467, 468, 471, 385, 506/34 of the Indian Penal Code.
3 . As per the prosecution case, on the alleged date and time of the occurrence, all the F.I.R. named accused persons including petitioner, variously armed, came and forcibly tried to take possession over the land of informant. It is further
Patna High Court CR. MISC. No.84593 of 2024(2) dt.28-01-2025 2/3 alleged that the accused persons also threatened informant and demanded Rs. 2 lacs and took away wooden gate, cylinder, oven, wood of Sakhuwa.
4. Learned counsel for the petitioner submits that as a matter of fact, there is land dispute between one Parmatma Pandey and Sona Devi, wife of co-accused Late Birendra Rai and both of them claimed the land in question. Petitioner is covillager and he has got no concern with the said plot. Case and counter case . Allegation against the petitioner is general and omnibus. Similarly situated co-accused persons have already granted bail by this Court vide order dated 28.08.2024 in Cr. Misc. No. 37458 of 2024 and Cr. Misc. No. 68300 of 2024 vide order dated 27.09.2024 .
5 . Learned counsel for the State vehemently opposed the bail application .
6. Considering the backdrop of the case and nature of accusation and also the fact that similarly situated persons with similar allegations have already been granted bail by this Hon'ble Court, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond
Patna High Court CR. MISC. No.84593 of 2024(2) dt.28-01-2025 3/3 of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran , Motihari in connection with Raxaul P. S. Case No. 22 of 2024 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T