Rambaran Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18355 of 2021 Arising Out of PS. Case No.-168 Year-2020 Thana- BHARGAMA District- Araria ====================================================== 1.

RAMBARAN KAMAT, SON OF LATE RAMESHWAR KAMAT, 2.

Fulchand Kamat, Son of Late Rameshwar Kamat, Both are Residents of Village - Pithora Ward No.11, P.S.- Narpatganj, Distt.- Araria.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 302/201 of the Indian Penal Code.

Prosecution case, in brief, is that as per FIR, both the petitioners have committed murder of Padma Devi, the widowed sister of the informant and threw the dead body in canal which was subsequently recovered by the police on 08.10.2020 and both the petitioners who are Dever of the deceased for some ulterior motive has committed murder of the deceased.

Patna High Court CR. MISC. No.18355 of 2021(3) dt.22-10-2021 2/3 Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case due to ill motive of the informant. He submits that there is no eye witness of the alleged occurrence and even the informant is not an eye witness of the alleged occurrence. Only on the basis of suspicion, the present case has been lodged by the informant against the petitioners.

Learned counsel for the petitioners further submits that the petitioners are brother-in-law (Dewar) of the deceased and there is general and omnibus allegation against them. The petitioners are languishing in judicial custody since 09.10.2020. The petitioners have got no criminal antecedent, which is mentioned in para 3 of the bail petition. Charge sheet has been submitted in this case against the petitioners. Learned APP for the State vehemently opposed the prayer for bail application.

Considering the aforesaid facts and circumstances of the case, there is general and omnibus allegation against the petitioners and only on suspicion the petitioner has been made accused in this case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.18355 of 2021(3) dt.22-10-2021 3/3 each in connection with Bhargama P.S. Case No. 168/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T