Purusottam Kamat @ Purusottam Kumar Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20519 of 2017 Arising Out of PS.Case No. -34 Year- 2014 Thana -MADHEPUR District- MADHUBANI ====================================================== Purusottam Kamat @ Purusottam Kumar Kamat Son of Kapildeo Kamat Resident of Village- Bhith Bagwanpur, Police Station- Madhepur, DistrictMadhubani. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Girish Chandra Jha, Advocate.

For the Opposite Party : Mr. Bhanu Pratap Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-06-2017 Heard both sides.

The petitioner seeks bail in Sessions Trial No. 246 of 2016, arising out of Madhepur P.S. Case No. 34 of 2014 registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. During course of investigation no material has been collected against the petitioner, even then the petitioner was remanded in this case and put on trial. The petitioner is in jail since 23.01.2015.

Learned APP did not dispute the facts.

It appears that Manju Devi named Bhim Yadav, Arjun Yadav, Ram Bihari Yadav, Ramchandra Yadav, Ram Ashish

Patna High Court Cr.Misc. No.20519 of 2017 (3) dt.20-06-2017 2/2 Yadav, Pappu Yadav, Srilal Yadav, Doma Yadav and alleged that they all assaulted her son Niraj Kumar @ Rinku Yadav and killed him. The petitioner is not named in the FIR. From perusal of the order of the learned Additional Sessions Judge, Madhubani it does not appear that what material has come against the petitioner. Considering the facts aforesaid and the facts that the petitioner is in jail since 23.01.2015, 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 Additional Sessions Judge-VII, Madhubani in Sessions Trial No. 246 of 2016, arising out of Madhepur P.S. Case No. 34 of 2014, subject to the condition that the petitioner shall appear on each and every date during course of trial and, if the petitioner fails to appear on two consecutive dates the court below shall cancel the bail bond of the petitioner. (Prabhat Kumar Jha, J.) KKSINHA/- U T