Kamalwas Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1503 of 2024 Arising Out of PS. Case No.-171 Year-2023 Thana- SIMRI District- Buxar ====================================================== KAMALWAS RAI S/O LATE SIGASAN RAY R/O VILLAGE- AKAUNA, P.S- SIMRI, DISTT.- BUXAR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 324, 307 of the IPC.

3.

Allegedly, the petitioner is said to have assaulted the informant by means of farsa over his head.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. Parties are agnates and there is admitted land dispute between them. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. For the alleged

Patna High Court CR. MISC. No.1503 of 2024(2) dt.07-02-2024 2/2 occurrence, there is case and counter-case between the parties. The injury of the informant was found simple in nature which is clear from the impugned order. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the injury was found simple in nature, 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 Simri P.S. Case No.171 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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