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Patna High CourtCR. MISC./57681/2023allowed

Brajkishor Kamat v. The State Of Bihar

2023-09-13Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57681 of 2023 Arising Out of PS. Case No.-571 Year-2022 Thana- SUPAUL District- Supaul ====================================================== Brajkishor Kamat Son Of Late Sita Ram Kamat Resident Of Ward No.- 24, Nagar Parishad, Supaul, P.O. And P.S.- Supaul, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrit Abhijat, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.The petitioner apprehend his arrest in connection with Supaul P.S. Case No. 571 of 2022 registered for the offence punishable under Sections 447, 385, 307, 323, 324 / 34 of the Indian Penal Code

3. The allegation against the petitioner is that he has given order to the other co-accused persons to kill the informant. The further allegation is that when the victim Manikant Kamat came to rescue the informant, the accused petitioner pressed his testicles, due to which he became unconscious.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.57681 of 2023(2) dt.13-09-2023 2/2 case. He further submits that the petitioner is the head of the family due to which his name has falsely been implicated in this case. There is case and counter case between the parties due to land dispute between the parties. No injury was caused to the victim Manikant Kamat. Petitioner is 74 years old man having no criminal antecedent.

5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, let the petitioner above named be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 571 of 2022, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) saurabhkr/- U T