Nabin Kumar Kamat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11843 of 2022 Arising Out of PS. Case No.-353 Year-2021 Thana- LAUKAHA District- Madhubani ====================================================== NABIN KUMAR KAMAT, S/o Rajendra Kamat, Resident of VillageTeghara Barail, P.S.-Babubarhi, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Kumari Shubham, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 20.11.2021, seeks regular bail in connection with Laukaha (Lalmaniya) P.S. Case No. 353 of 2021 dated 19.11.2021 registered for offences punishable under Sections 414/34 of the Indian Penal Code and Section 25 (1-b) A, 26, 35 of the Arms Act.
As per the allegation made in the FIR, one countrymade pistol of 12 bore and one mobile phone were recovered from the possession of the petitioner and other articles were also recovered from the co-accused.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.11843 of 2022(2) dt.13-06-2022 2/3 submits that petitioner is innocent and has falsely been implicated in the present case. The alleged recovery has been shown at the behest of his enemy on mere suspicion. Petitioner has clean antecedent and he is in custody since 20.11.2021. It has further been stated that there is no chance of absconding or tampering and hence petitioner deserves to be released on bail. Learned A.P.P., for the State has vehemently opposed the prayer for grant of bail to the petitioner.
Considering the nature of allegation made in the FIR, period of custody undergone by the petitioner, charge-sheet has already been submitted and trial is not likely to be concluded in near future, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned JM, Jhanjharpur, District-Madhubani in connection with Laukaha (Lalmaniya) P.S. Case No. 353 of 2021 dated 19.11.2021 subject to the following conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.11843 of 2022(2) dt.13-06-2022 3/3 properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(Purnendu Singh, J) Niraj/- U T