Kamlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.254 of 2025 Arising Out of PS. Case No.-265 Year-2024 Thana- CHENARI District- Rohtas ====================================================== 1.
Kamlesh Kumar S/O Haridas Prasad Village- Piyan Khurd, P.S.- Chenari, Dist.- Rohtas 2.
Ashirwad Kumar S/O Haridas Prasad Village- Piyan Khurd, P.S.- Chenari, Dist.- Rohtas 3.
Haridas Prasad S/O Late Deonath Ram Village- Piyan Khurd, P.S.- Chenari, Dist.- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Rakesh Kumar Mishra, Advocate For the State :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-02-2025 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 117(2), 303(2), 351(2) and 3(5) of the B.N.S..
3. As per prosecution case, all the F.I.R. named accused persons, including these petitioners, armed with iron rod, lathi, pistol and knife in their hands, entered into house of informant and started assaulting informant and her family members as a result of which head of mother-in-law of informant got fractured, head of brother-in-law of informant got fractured and informant's sister-in-law sustained several injuries.
Patna High Court CR. MISC. No.254 of 2025(2) dt.04-02-2025 2/3 It is further alleged that some of the injuries were found to be grievous in nature.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have committed no offence. As a matter of fact, both parties are neighbours and due to an old dispute, an altercation took place in which both sides sustained injuries. There is case and counter-case between the parties. Allegation of assault is general and omnibus. Rest of the allegations are ornamental in order to make the case grievous.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, general and omnibus nature of allegations and case and countercase between the parties, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sasaram,
Patna High Court CR. MISC. No.254 of 2025(2) dt.04-02-2025 3/3 Rohtas in connection with Chenari P.S. Case No. 265 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T