Patna High CourtCR. MISC./65660/2024bail granted

Binod Kamat @ Vinod Kamat v. The State Of Bihar

2024-09-06Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65660 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Binod Kamat @ Vinod Kamat son of Late Ramkishun Kamat village Kahra ward no 24/42 Ps -Saharsa Sadar, Dist- 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. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Saharsa Sadar P.S. Case No. 72 of 2024, instituted for the offences punishable under Sections 341, 323, 324, 326, 307, 379, 384, 386, 504, 506 & 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, co-accused persons including the petitioner have assaulted the informant by various means, due to which he sustained injury. It is also alleged that they have taken away Rs. 20,000/- from his pocket. It is alleged that the petitioner along with other co-accused

Patna High Court CR. MISC. No.65660 of 2024(2) dt.06-09-2024 2/3 person assaulted the informant by means of farsa and sword.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the informant received injury which is grievous in nature. The petitioner is in custody since 19.03.2024 and has got two criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted bail by this Court vide order dated 20.05.2024 passed in Cr. Misc. No. 35601 of 2024 and order dated 05.07.2024 passed in Cr. Misc. No. 34723 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.65660 of 2024(2) dt.06-09-2024 3/3 amount each to the satisfaction of Court below/concerned Court in connection with Saharsa Sadar P.S. Case No. 72 of 2024 (Rudra Prakash Mishra, J) Rajorshi/- U T