Dilip Kamat @ Dilip Kumar Vijay Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17767 of 2023 Arising Out of PS. Case No.-74 Year-2021 Thana- LAKHNAUR District- Madhubani ====================================================== DILIP KAMAT @ DILIP KUMAR VIJAY CHAUDHARY Son of Bechan Kamat @ Vijay Kamat R/V- Deep, P.S- Lakhnaur (R.S.O.P) Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-05-2023
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Lakhnaur (R.S.O.P.) P.S. Case no.74 of 2021 registered under sections 302, 147, 148, 149, 323 and 341 of the Indian Penal Code.
3. As per the prosecution case, it is stated by the informant that over a trivial dispute, the accused persons namely Sanjeev Kamat, Anil Kamat, daughter of Bechan Kamat, wife of Bechan Kamat and nephew of Bechan Kamat along with 8-10 other members of the family of Bechan Kamat assaulted and abused the informant's wife as a result of which she died.
4. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. Referring to the order of the
Patna High Court CR. MISC. No.17767 of 2023(2) dt.15-05-2023 2/2 learned trial Court, it is submitted that he has been falsely implicated in the case only for the reason of his being the son of Bechan Kamat. He is in custody since 29.9.2022 and chargesheet has been submitted in the case.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R. being general and omnibus in nature, the petitioner not being named in the F.I.R., no overt act having been alleged against him, his being in custody for 7 months since 29.9.2022, his not having any criminal antecedent and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Lakhnaur (R.S.O.P.) P.S. Case no.74 of 2021 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 A.C.J.M. 1st Class, Jhanjharpur, District Madhubani. (Partha Sarthy, J) Saurabh/- U T