Devendra Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44323 of 2021 Arising Out of PS. Case No.-19 Year-2012 Thana- CHHATAUNI District- East Champaran ====================================================== Devendra Kamat S/o late Bhaleshwar @ Bhageshwar Kamat @ Bhajeshwar Kamat R/o village- Kamlapatti, P.S.- Harlakhi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2022 Heard both parties through video conferencing. The petitioner seeks bail in Chhatauni P.S. Case No. 19 of 2012, registered for the offence punishable under Section 395 of the Indian Penal Code. Later on, section 412 of IPC and section 3/4 of the Explosives Act.

As per the FIR, when the informant and his family members were sleeping in the night, some unknown miscreants having armed with Pistol, Tangi, Axe entered into the house, committed dacoity and fled away.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case merely on suspicion. It is further alleged that though informant claimed to have identified the culprits, but petitioner has not

Patna High Court CR. MISC. No.44323 of 2021(2) dt.20-01-2022 2/2 been put on test identification parade till date by the police. Petitioner is in custody since 04.01.2020.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, East Champaran, Motihari in connection with Chhatauni P.S. Case No. 19 of 2012. (Prabhat Kumar Singh, J) vinita/- U T