Pawan Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 24020 of 2020 Arising Out of PS. Case No.-57 Year-2016 Thana- BIHRA District- Saharsa ====================================================== PAWAN KAMAT S/O- Binda Kamat Resident of Village - Sihaul, P.S. - Bihra, District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Ansul, Advocate For the Opposite Party/s :

Ms Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 23-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Bihra Police Station (for brevity, PS) Case No 57 of 2016 instituted for the offence punishable under Sections 302, 120B of Indian Penal Code and Section 27 of Arms Act.

The prosecution case alleges that the petitioner and co-accused Bhagwan Jha indiscriminately fired upon informant's brother causing his death. As per submission of petitioner's counsel, earlier prayer for bail has been rejected twice. Once on 22.10.2016 in Cr Misc No 46166 of 2016 and, thereafter, on 12.12.2018 in Cr Misc No 64620 of 2018. Submission is of false implication. Bail is prayed for also on

Patna High Court CR. MISC. No.24020 of 2020(3) dt.23-02-2021 2/3 ground of parity with co-accused Bhagwan Jha who has recently been allowed bail on 08.01.2021 in Cr Misc No 31152 of 2020, whereas allegation against him is one and the same. Learned APP has opposed the prayer for bail.

Prayer is allowed with the same condition as has been imposed in the case of co-accused Bhagwan Jha as per xerox copy of the order which has been handed over by the petitioner's counsel.

Considering the rival submissions, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II, Saharsa in Sessions Trial No 65 of 2017 arising out of Bihra PS Case No 57 of 2016 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his

Patna High Court CR. MISC. No.24020 of 2020(3) dt.23-02-2021 3/3 bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T