Tinku Kamti @ Tinku Kamat @ Tinku Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89278 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- Nehra District- Darbhanga ====================================================== Tinku Kamti @ Tinku Kamat @ Tinku Kumari, aged about 40 years, Male, son of Aaso Kamti, resident of Village- Nehra, P.S.- Nehra, DistrictDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Murari Mishra, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Nehra PS Case No. 75 of 2024 dated 01.10.2024, instituted for the offence punishable under Sections 126(2), 115(2), 118(1), 117(2), 109(1), 305(A), 331(4) Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in brief, is that when the informant was going to sleep after taking meal, he heard the sound of breaking of lock and then he came out of his house and saw that one person has committed theft in his house after breaking the lock. On hulla, the miscreant assaulted the informant and attacked on informant's head by iron rod causing injury on his left hand. The miscreant was identified as the co-

Patna High Court CR. MISC. No.89278 of 2024(4) dt.08-05-2025 2/3 villager of the informant i.e., petitioner. It is further alleged that the petitioner gave knife blow over the left eye of the informant due to which he sustained injury and became unconscious.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the date of occurrence is 29.09.2024 and the FIR has been lodged on 01.10.2024 without any plausible explanation for the delay. Further submission is that the injury report of the injured shows that there were two injuries; firstly, punctured wound 1 cm x 1 cm over left arm and secondly, lacerated 4 cm x 1 cm x 1 cm over lateral side of left eye and the nature of injury is grievous. It is submitted that the petitioner is a labourer and used to work on daily wages basis. Due to engagement of the petitioner at another place, he refused to do the work of the informant, who is his co-villager, as a result of which the informant has concocted this false story. Further submission is that petitioner is in custody since 02.10.2024 having clean antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of

Patna High Court CR. MISC. No.89278 of 2024(4) dt.08-05-2025 3/3 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, in Nehra PS Case No. 75 of 2024.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T