Ram Chandra Kamat And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72952 of 2018 Arising Out of PS. Case No.-90 Year-2018 Thana- PHULPARAS District- Madhubani ======================================================
1. Ram Chandra Kamat Son of Bhola Kamat
2. Ram Narayan Kamat Son of Late Vadar Kamat
3. Raushan Kumar Kamat Son of Rajendra Kamat
4. Sanjay Kumar Kamat Son of Late Ram Narayan Kamat
5. Amrendra Kumar Kamat Son of Kashi Kamat
6. Dipu Kamat Son of Birendra Kamat
7. Kashi Prasad Kamat Son of Late Baidnath Kamat All are Resident of Village-Suriyahi,P.S. Fulparas,Distt.-Madhubani ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ansul For the Opposite Party/s :
Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Phulparas P.S. Case No. 90 of 2018, disclosing offence under Sections 147, 148, 149, 341, 323, 307, 506 and 504 of the Indian Penal Code and Section 27 of the Arms Act. It is evident from the First Information Report that there was some land dispute between the parties over which a quarrel had initially taken place. Allegedly, the accused persons shot fire causing injury. There are 13 persons named in the First Information Report.
Learned counsel appearing for the petitioners has
Patna High Court Cr.Misc. No.72952 of 2018(2) dt.18-12-2018 2/3 submitted that there is no allegation against the petitioners of opening fire though there is vague allegation that they had hurled abuses and assaulted the persons, who had received injuries.
Learned counsel for the petitioners has drawn my attention to Annexure-2 to this application to submit that a dispute in respect of the same property was raised in the Court of learned Circle Officer, Phulparas, who has given his finding in favour of the petitioners' side.
Be that as it may, considering the genesis of the occurrence, this application is allowed. The petitioners, above named, in the event of their arrest or surrender before the Court within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IInd Class, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 90 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions,
Patna High Court Cr.Misc. No.72952 of 2018(2) dt.18-12-2018 3/3 their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T