Patna High CourtCR. MISC./38919/2023bail granted

Nitish Kumar Kamat v. The State Of Bihar

2023-07-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38919 of 2023 Arising Out of PS. Case No.-77 Year-2022 Thana- KISHUNPUR District- Supaul ====================================================== Nitish Kumar Kamat, Son of Rajesh Ranjan @ Arbind, Resident of VillageRatanpur, Ward No. 9, Tharbitta, Ps- Kishanpur And Distt- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Nath Rai, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP Mr. Nifussuzoha, Advocate Md. Nematullah, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner, informant and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kishenpur P.S. Case No. 77 of 2022 lodged on 22.03.2022 under Sections 307, 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, all the accused persons named in the FIR including the petitioner came at the door of the informant and started abusing him. On protest being made, co-accused, Subhash Yadav allegedly fired on the son of the informant, as a result of which he died.

4. Learned counsel for the petitioner submits that as per the allegation, the petitioner is a member of mob and except

Patna High Court CR. MISC. No.38919 of 2023(2) dt.07-07-2023 2/2 that there is no overt-act against him. He further submits that the petitioner is in custody since 20.09.2022 having no criminal antecedent and the chargesheet has already been filed in this case.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-I, Supaul in connection with Kishenpur P.S. Case No. 77 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J) Ashwini/- U T