Raja Ram Kamat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18724 of 2021 Arising Out of PS. Case No.-136 Year-2019 Thana- RUDRAPUR District- Madhubani ====================================================== Raja Ram Kamat Son of Late Ghuran Kamat @ Dhuran Kamat Resident of Village - Karnpur, P.S.- Rudrapur, Distt.- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Thakur Mr.Udbhav For the Opposite Party/s :
Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.
31-08-2021 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Rudrapur P.S. Case No. 136 of 2019, registered for the offence under Sections 347, 420, 406, 409, 120(B)/34 of the Indian Penal Code. As per the prosecution case, this petitioner as well as the then Panchayat Secretary obtained the signature of the informant on blank cheques and money was withdrawn without completion of the work and thus, misappropriated the government money.
It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case due to political rivalry and the work in question has already been completed, as per the
Patna High Court CR. MISC. No.18724 of 2021(4) dt.31-08-2021 2/3 measurement book prepared by the Junior Engineer, which was duly certified by the Block Development Officer. It is further submitted that the parties have already settled the matter and to this effect, a joint compromise petition has already been filed, which is annexed at Annexure - 3 to the bail petition. Petitioner is in custody since 22.06.2020. Chargesheet has been submitted.
Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 Additional Chief Judicial Magistrate - II, Jhanjharpur, District - Madhubani in connection with Rudrapur P.S. Case No. 136 of 2019, on the following conditions:
"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the
Patna High Court CR. MISC. No.18724 of 2021(4) dt.31-08-2021 3/3 prosecution will be at liberty to move for cancellation of bail."
(Prabhat Kumar Singh, J.) anay U T