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2026 Supreme(Online)(Pat) 8172

PATNA HIGH COURT
Kamlesh Kumar
Cr.Misc.-14254/2026



IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14254 of 2026 Arising Out of PS. Case No.-585 Year-2020 Thana- JAMUI District- Jamui ======================================================

Kamlesh Kumar Son of Kailash Mandal Resident of Village- Harla, P.S.-

Jamui, District- Jamui ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr.Pankaj Kumar Sinha, Adv.

For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

2 26-02-2026 Heard Mr. Pankaj Kumar Sinha, learned counsel for the petitioner and the learned APP for the State.

2. This application for grant of anticipatory bail arises out of Jamui Police Station Case No. 585 of 2020 dated 29.12.2020, disclosing the offence under Sections 147, 148, 149, 341, 323, 324, 354, 307, 447, 504, 506 and 302 of the IPC lodged by the informant, Sarojni Devi.

3. As per the prosecution case, the informant alleged that while she along with her husband were sitting on their door, all of a sudden, all the FIR named accused persons including this petitioner having variously armed, came and started assaulting her husband, Govardhan Mandal by means of Lathi, Danda and Garasa due to which, her husband fell down and became unconscious. When she intervened to rescue her husband, she was disrobed by the petitioner and one Samresh Kumar. They also trespassed her house and took away Rs.

5000/-. This led to the present FIR.

4. Learned counsel for the petitioner submits that petitioner has not committed any offence as alleged in the FIR and he has falsely been implicated in this case due to land dispute as the parties are agnates. Learned counsel for the petitioner by referring to the contents of the FIR submits that the allegation against this petitioner is that he along with one Samresh Kumar, tried to disrobe the informant while Samresh Kumar has already been granted the privilege of bail by the Juvenile Justice Board. It has next been submitted that one of the co-accused, Jaso Devi, who is mother of the petitioner has already been granted anticipatory bail by the Co-ordinate Bench of this Court, vide Cr. Misc. No. 48650 of 2021 on 24.03.2022. Lastly, it has been submitted that the petitioner has got clean antecedent and there is general and omnibus allegation against this petitioner.

5. On the other hand, learned APP vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the petitioner tried to disrobe the informant.

6. Considering the fact that nothing specific has been alleged against the petitioner, the parties are agnates, mother of the petitioner, who is also a co-accused in the same case has been granted privilege of anticipatory bail by the co-ordinate Bench of this Court, one another co-accused, namely Samresh Kumar, having similar allegation as that of the petitioner, has been granted bail by the Juvenile Justice Board, the petitioner has got no criminal antecedent, this Court is inclined to grant the petitioner the privilege of anticipatory bail.

7. This application for anticipatory bail is, accordingly, allowed.

8. Let the petitioner, named above, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, JAMUI, in connection with aforesaid Police Station Case subject to the condition as laid down under Section 482 (2) of the B.N.S.S.

2023, as well as the following conditions:-

(i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;

(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive date

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