Gango Kamati And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50135 of 2014 Arising Out of PS.Case No. -218 Year- 2014 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Gango Kamati S/O Sri Ramphal Kamati

2. Yuge Kamati S/O Sri Ramphal Kamati

3. Santosh Kamati S/O Sri Gango Kamati

4. Hare Ram Kamati S/O Ashok Kamati All resident of Vill.:- Karian, P.S.- Rosera, Dist.- Samastipur .... .... Petitioners

Versus

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

For the Petitioners : Mr. Rajani Kant Pathak, Advocate. For the Opposite Party : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-04-2015 Learned counsel for the petitioners submits that the petitioner no. 3, Santosh Kamati was arrested and he has already been granted bail.

Accordingly, the anticipatory bail petition of petitioner no. 3, Santosh Kamati is dismissed as withdrawn. Heard both sides.

Petitioner nos. 1, 2 and 4 apprehend their arrest in a case in connection with Rosera P.S. Case No. 218 of 2014 under Section 307 and other Sections of the I.P.C.

The informant made allegation that Kailash Kamati and Santosh Kamati assaulted him with Farsa. The informant further

Patna High Court Cr.Misc. No.50135 of 2014 (2) dt.10-04-2015 2 / 2 alleged that other accused persons also assaulted him with Lathi. Learned counsel for the petitioners submits that Kailash Kamati and Santosh Kamati have already been enlarged on regular bail. There is no specific allegation of assault against the petitioners. There is land dispute between the parties. From the side of petitioners, the case was lodged at earlier point of time. On the other hand, learned Additional P.P. opposed the prayer for anticipatory bail.

Considering the facts that the main assailants have already been enlarged on bail, the petitioner nos. 1, 2 and 4, namely, Gango Kamati, Yuge Kamati and Hare Ram Kamati respectively are directed to be released on bail, in the event of their arrest or surrender before the learned Court below within four weeks from the date of receipt/production of a copy of the order on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Rosera, Samastipur, in connection with Rosera P.S. Case No. 218 of 2014, subject to the conditions as laid down under Section 438(2) Cr. P.C.

U.K./- (Prabhat Kumar Jha, J) U T