Duli Kamat @ Dulli Kamat @ Dullichand Kamat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54572 of 2025 Arising Out of PS. Case No.-169 Year-2024 Thana- KHUTAUNA District- Madhubani ====================================================== 1.
Duli Kamat @ Dulli Kamat @ Dullichand Kamat S/O Late Darbari Kamat Village- Goth Khutauna, PS- Khutauna, District- Madhubani 2.
Sumitra Devi W/O Surendra Kamat Village- Goth Khutauna, PS- Khutauna, District- Madhubani 3.
Pinki Devi W/O Garib Nath Kamat @ Garibnath Kamat Village- Goth Khutauna, PS- Khutauna, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Jitendra Kumar Bharti, Advocate For the State :
Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-10-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 329(3), 126(2), 115(2), 110, 119(1), 324(4), 303(2), 308(3), 352, 351(2) and 3(5) of the B.N.S..
3. The prosecution case, in brief, is that all the F.I.R. named accused persons, including these petitioners, came at the place of occurrence and caused damage to buildings and upon protest being made, they abused one Raj Mistri and also demanded Rs.10 lacs from the informant as Ransom. It is further
Patna High Court CR. MISC. No.54572 of 2025(2) dt.14-10-2025 2/3 alleged that they put some paddy bundles in the field of the informant and upon objection raised to the same, one Manish Sah and Surendra Kamat assaulted the son of the informant on his neck.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that there are general and omnibus allegation against these petitioners. Specific allegation of assault and asking extortion is against co-accused Manish Sah and Surendra Kamat. There is no specific allegation of overt act against these petitioners. Sanjiv Kumar Bharti has also not sustained any injury, which would be evident from the order dated 29.05.2025 passed in Cr. Misc. No. 30463 of 2025, which is an order granting regular bail to co-accused, Manish Kumar. Similarly situated co-accused person, namely Pramila Devi, has already been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 25.07.2025 passed in Cr. Misc. No. 50471 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
Patna High Court CR. MISC. No.54572 of 2025(2) dt.14-10-2025 3/3
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and claim based on parity, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jhanjharpur, Madhubani in connection with Khutauna P.S. Case No. 169 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T