Shiv Kishore Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8220 of 2022 Arising Out of PS. Case No.-97 Year-2020 Thana- GHOGHARDIHA District- Madhubani ====================================================== 1.

Shiv Kishore Kamat Son Of Khushi Lal Kamat Resident Of Village- Alola, P.S. Ghoghardiha, District- Madhubani 2.

Barun Kamat @ Barun Kumar Kamat Son Of Shiv Kishore Kamat Resident Of Village- Alola, P.S. Ghoghardiha, District- Madhubani 3.

Satish Kumar Kamat @ Satish Kamat Son Of Ram Kishore Kamat Resident Of Village- Alola, P.S. Ghoghardiha, District- Madhubani ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Ramchandra Jha Raman, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-11-2022 At the outset, it is submitted by learned counsel for the petitioners that petitioner no.1 died during pendency of the bail petition.

This bail petition stands abated against petitioner no.1.

Heard learned counsel for the petitioners no. 2 and 3 and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 379/506 and other allied sections of the Indian Penal Code.

Prosecution's case in short is that all the FIR named accused persons including the petitioners and 10 to 12 unknown persons surrounded the informant's son. Thereafter on order of petitioner no.1, petitioner no.2 assaulted him by means of dabiya over his head. They snatched cash and damaged half

Patna High Court CR. MISC. No.8220 of 2022(3) dt.14-11-2022 2/2 constructed house of the informant.

Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is a case and counter case in which both sides sustained injuries. Injuries sustained by the injured have been found to be simple in nature. Parties are cosharers and have land dispute. Petitioners have got no criminal antecedent.

Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners no. 2 and 3, named above, be released 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 the Sub Divisional Judicial Magistrate, Jhanjharpur District Madhubani in Ghoghardiha Police Station Case No. 97 of 2020, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T