Patna High CourtCR. MISC./68886/2024bail rejected

Dipak Kamat @ Deepak Kamat @ Deepak Kumar v. The State Of Bihar

2024-09-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68886 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Dipak Kamat @ Deepak Kamat @ Deepak Kumar Son of Garib Das @ Gajendra Kamat Village- Kahara ward No 24/42 PS and District -Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Saharsa Sadar P.S. Case No. 72 of 2024, registered under Sections 341, 323, 326, 307, 379, 384, 386, 504, 506 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, on the alleged date of occurrence the petitioner along with other coaccused persons demanded ransom of Rs. 5,00,000/- and on non-fulfillment of their demand they started assaulting the informant and his friends by means of lathi, danda, sword, axe, knife and pistol.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.68886 of 2024(2) dt.20-09-2024 2/2 petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner further submits that there is no specific overt act alleged against the petitioner. The petitioner has got one criminal antecedent in which he is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP for the State further submits that there is direct and specific allegation on the petitioner of assaulting Rupesh Mehta by means of sword several times causing injury on his head. The injury caused to Rupesh Mehta by the petitioner is grievous in nature. Hence, the petitioner does not deserve the privilege of anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case, nature and gravity of offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected.

(Rudra Prakash Mishra, J) Rajorshi/- U T