Jai Kishore Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27240 of 2016 Arising Out of PS.Case No. -49 Year- 2016 Thana -PHULPARAS District- MADHUBANI ====================================================== Jai Kishore Kamat, Son of Late Sri Kant Kamat, resident of VillageChauramahrail, P.S.- Jhanjharpur, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Baleshwar Kamat, Advocate For the Opposite Party/s : Mr. Sri Nand Kishore Pd., APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-08-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Phulparas P.S. Case No.49 of 2016 for allegedly having committed the offence under Sections 353, 427 of the Indian Penal Code and Section 3 of the Prevention of Damage of Public Properties Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is of mere speculation. There is no one who had seen the person who had participated in the loss of the property.

Considering all the facts and circumstances and that there is no cogent material on the face of the F.I.R. itself, let

Patna High Court Cr.Misc. No.27240 of 2016 (3) dt.19-08-2016 2/2 the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhanjharpur, District-Madhubani, in connection with Phulparas P.S. Case No.49 of 2016 (G.R. No.228/2016), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T