Allowed

Kamlesh Ojha v. the State of Bihar

Patna HC27 Jul 2022CR. APP (SJ)/423/2022

Case brief

AI extract

What is this about?

High Court allowed criminal appeal in a case involving murder, arms, and atrocity offences. Considering the appellant's two-year custody and a key prosecution witness turning hostile, the court set aside the lower court order and enlarged the appellant on bail with strict conditions to appear in trial.

What did the court decide?

The impugned order dated 7.1.2022 set aside and appellant enlarged on bail on furnishing bond with two sureties.

Kamlesh Ojha Vs the State of Bihar — Caste Atrocities | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.423 of 2022

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Arising Out of PS. Case No.-244 Year-2020 Thana- UDWANTNAGAR District- Bhojpur

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KAMLESH OJHA Son of Late Abhimanyu Ojha Resident of Village - Araura, P.S.- Udawantnagar, Distt.- Bhojpur.

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... ... Appellant/s

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Versus

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THE STATE OF BIHAR

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Dharamshila Kunwar wife of Late Guddu Ram Resident of village Araura, P.S.- Udwant Nagar Dist- Bhojpur

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... ... Respondent/s

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====================================================== Appearance :

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For the Appellant/s : Mr. P.K.Shahi, Sr. Adv. Mr. Sheo Jee Mishra, Adv. For the State : Ms. Usha Kumari 1, Spl.P.P. For the Informant : Mr. Rajendra Singh, Adv.

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======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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5 27-07-2022

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Heard learned Senior counsel for the appellant,

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learned Special P.P. for the State and learned counsel for the respondent no.2.

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The appellant has renewed his prayer for bail in a case registered under sections 302 and 34 of the Indian Penal Code, section 27 of the Arms Act and section 3(1)(r) and 3(2)(v) of the S.C. & S.T. (Prevention of Atrocities) Act.

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As per the allegation in the F.I.R., the appellant herein is stated to have fired hitting Guddu Ram leading to his death.

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It is submitted by learned Senior counsel appearing for the appellant that the appellant has been falsely implicated in the case. The informant who was examined as a prosecution

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Patna High Court CR. APP (SJ) No.423 of 2022(5) dt.27-07-2022 2/3

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witness in the trial has not supported the prosecution case and has been declared hostile. The appellant is in custody since 11.7.2020 and still only one out of the six chargesheet witnesses has been examined in the trial court. There is no chance in the trial concluding in the near future. The appellant undertakes to cooperate in the trial.

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The appeal is opposed by learned Special P.P. for the State and learned counsel appearing for the respondent no.2. It is submitted by learned counsel for the respondent no.2 that the appellant is the assailant of the deceased and as such, the prayer for bail be rejected. It is further submitted that the prosecution will examine its witnesses within the time fixed by this Court.

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Having heard learned counsel for the parties and taking into consideration the submissions made, it transpires that the appellant has remained in custody for two years. The prayer for bail of the appellant although was vehemently opposed by learned counsel appearing for the respondent no.2 in the instant appeal, however, when it came to the informantrespondent no.2 deposing in the court below in the trial, she did not support the prosecution case and was declared hostile.

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In view of the facts and circumstances of the case, the

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Patna High Court CR. APP (SJ) No.423 of 2022(5) dt.27-07-2022 3/3

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appellant having remained in custody for more than 2 years together with the informant having been examined in the learned court below as a prosecution witness and having been declared hostile, the Court is inclined to allow the appeal.

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The appeal is allowed and the order impugned dated 7.1.2022 passed in Udawantnagar P.S. Case no.244 of 2020 by the learned 1^st Additional Sessions Judge, Bhojpur, Ara, is set aside

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The appellant is directed to be enlarged on bail in connection with Udawantnagar P.S. Case no.244 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1^st Additional Sessions Judge, Bhojpur, Ara on the following condition:

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(i) the appellant shall remain physically present in Court on each date of the trial and shall cooperate in the trial.

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In case, the learned trial court is of the opinion that the trial is being delayed due to non-cooperation on part of the appellant, the learned trial court may cancel the bail bond of the appellant and take him into custody till conclusion of the trial.

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(Partha Sarthy, J)

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Saurabh/- U T

Kamlesh Ojha v. the State of Bihar

Case brief

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Kamlesh Ojha v. the State of Bihar

Case brief

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