Amit Kumar Kamat @ Amit Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51071 of 2015 Arising Out of PS.Case No. -28 Year- 2015 Thana -NIRMALI District- SUPAUL ====================================================== Amit Kumar Kamat @ Amit Kamat, S/o Sri Dulli Kamat, resident of village- Goth Khutauna, Police Station- Khutauna, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogendra Kumar, Advocate For the Opposite Party/s : Mr. Smt. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379 of the Indian Penal Code. Subsequently Section 411 of the Indian Penal Code was added.

The prosecution case is that the informant's motorcycle bearing Registration No. BR33K 2571 was stolen by one person. Subsequently, the motorcycle was recovered from the cattle shed of Srikant Mandal, uncle of Ram Pravesh Mandal. It is alleged that the said stolen motorcycle was kept by Ram Pravesh Mandal. Ram Pravesh Mandal confessed before the police that the motorcycle was given to him by one Md. Mustaffa @ Sanni, who was the petitioner got acquainted him with Md. Mustafa @ Sanni.

Patna High Court Cr.Misc. No.51071 of 2015 (2) dt.09-11-2015 It is submitted by the learned counsel for the petitioner that only on suspicion the accusation has been levelled. On recovery of motorcycle another case was lodged under Section 411 of the Indian Penal Code, in both the cases petitioners have been roped. Neither there is any recovery nor suspicion has been raised against the petitioner, apart from this petitioner has no any case.

Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Birpur, Supaul in connection with Nirmali P.S. Case No. 28 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T