Patna High CourtCR. MISC./72583/2024bail granted

Umesh Kamat @ Umesh Kamati v. The State Of Bihar

2024-10-07Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72583 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== UMESH KAMAT @ UMESH KAMATI S/o Yogendra Kamat @ Yogendra Kamati A KAMATI R/o Village-Sarvasima, P.S.- Bhairav Asthan, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. Learned counsel for the petitioner is permitted to file supplementary affidavit and to make necessary correction in the said supplementary affidavit in course of the day and the same is kept on record.

3. The petitioner has preferred this application for grant of regular bail in connection with G.R. No. 564 of 2024 arising out of Bhairav Asthan P.S. Case No. 82 of 2024 dated 10.08.2024 registered for the offences punishable u/ss 281, 125, 351, 109 of the Bhartiya Nyaya Sanhita and section 37 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, the petitioner being

Patna High Court CR. MISC. No.72583 of 2024(2) dt.07-10-2024 2/3 intoxicated dashed the informant's father from his Scorpio due to that his father got injured.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per the supplementary affidavit filed on behalf of the petitioner, the informant's father sustained Abrasion on mid jaw, lacerated wound on left ankle, lacerated wound on leg and lacerated wound on left foot near right toe. The injury is stated to be grievous in nature which is on the non-vital part of the body. The petitioner has six criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 10.08.2024.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jhanjharpur, Madhubani in connection with G.R. No. 564 of 2024 arising out of Bhairav Asthan P.S. Case No. 82 of 2024, with the following condition/s:-

Patna High Court CR. MISC. No.72583 of 2024(2) dt.07-10-2024 3/3 (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T