Dipesh Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37623 of 2022 Arising Out of PS. Case No.-143 Year-2019 Thana- LAKHNAUR District- Madhubani ====================================================== DIPESH KAMAT Son of Lakshmi Kamat, Resident of Village - Karnpur, P.S.- Rudrapur, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Mishra, Advocate Mr. Nityanand Jha, Advocate For the Opposite Party/s :

Mr.S hailendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Lakhnaur P.S. Case No. 143 of 2019 lodged under Section 379 of the Indian Penal Code.

As per prosecution, the Tempo of the informant is subject to theft and present case has been filed under section 379 of I.P.C. against unknown person.

Learned counsel for the petitioner submits that the name of the petitioner has figured in this case by virtue of confessional statement of the co-accused. He further submits

Patna High Court CR. MISC. No.37623 of 2022(2) dt.23-09-2022 2/3 that nothing incriminating has recovered from the possession of the petitioner and he was not put on T.I.P. Learned counsel further submits that petitioner has clean antecedent and he is in custody since 03.07.2021. He further submits that charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the 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 Addl. Chief Judicial Magistrate-Ist, Jhanjharpur, Madhubani in connection with Lakhanaur P.S. Case No. 143 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.37623 of 2022(2) dt.23-09-2022 3/3 petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

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