Shivam Kamat @ Shivam Kumar Kamat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52513 of 2022 Arising Out of PS. Case No.-155 Year-2021 Thana- GHOGHARDIHA District- Madhubani ====================================================== Shivam Kamat @ Shivam Kumar Kamat Son of Late Prabhu Kamat R/O Village - Phulparash Ward No.-2, P.S.- Phulparash, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Jha, Advocate For the State :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-12-2022 At the outset, learned counsel for the petitioner submitted that in the prayer portion, at page no.6, of the bail petition, inadvertently, police station case number has been wrongly mentioned as '115' instead of '155'.
Accordingly, learned counsel for the petitioner is permitted to make necessary correction during the course of the day itself.
Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
Patna High Court CR. MISC. No.52513 of 2022(2) dt.12-12-2022 2/3 Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Ghoghardiha P.S. Case No. 155 of 2021 registered for the offence under Sections 384, 427, 506 and 34 of the Indian Penal Code.
The accused/petitioner is not named in the F.I.R. and is in custody since 18.02.2022.
The allegation against the petitioner is to ask for extortion of Rs.10 Lakh, alongwith other co-accused persons. Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in the F.I.R., where his name surfaced on the basis of confessional statement of coaccused, namely, Aryan Kumar Yadav, where nothing surfaced during the course of investigation to connect this petitioner with the present occurrence. It is also pointed out that no transaction, as alleged, was made or no money was paid by the informant to the petitioner in furtherance of alleged demand. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes
Patna High Court CR. MISC. No.52513 of 2022(2) dt.12-12-2022 3/3 the prayer of bail.
In view of the facts and circumstances, as no extortion money appears to be paid, where petitioner is in custody since 18.02.2022 coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Ghoghardiha P.S. Case No. 155 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jhanjharpur (Madhubani)/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T