Bauwa Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44797 of 2022 Arising Out of PS. Case No.-254 Year-2022 Thana- SUPAUL District- Supaul ====================================================== 1.

Bauwa Kamat @ Nanhe Kumar, Son Of Suraj Kamat R/O Village- Purani Durga Mandir, Nagar Parishad, Supaul, Ward No. 11, P.S.- Supaul, DistrictSupaul 2.

Chandan Kumar Son Of Ramdeo Kamat R/O Hatiya Gachhi, Ward No. 31, P.S. And District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Arun Kumar Singh Mr. Ranjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 448, 504, 506, 302/34 of the Indian Penal Code.

The prosecution case in nutshell is that petitioners along with co-accused persons came at the house of informant and forcibly took out the son of the

Patna High Court CR. MISC. No.44797 of 2022(3) dt.09-01-2023 2/3 informant and assaulted him. It is alleged that petitioners and two other co-accused persons caught him hold and co-accused Santosh Kumar @ Badsah stabbed the knife in the chest of informant's son, due to which informant's son succumbed to injuries.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. It is also submitted that petitioners are languishing in judicial custody since 06.04.2022. The specific allegation of assaulting by means of knife is attributed against co-accused Santosh Kumar @ Badsah and there is no specific allegation has been attributed against the petitioners. Nothing has been recovered from the conscious possession of the petitioners. The name of petitioners sprang up in this case due to family dispute.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Patna High Court CR. MISC. No.44797 of 2022(3) dt.09-01-2023 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Supaul P.S. Case No. 254 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul.

(Sunil Kumar Panwar, J) nirajkrs/- U T