Jogan Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69320 of 2022 Arising Out of PS. Case No.-312 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== Jogan Kamat S/O Bhageshwar Kamat R/V- Laxmipur Muradpur, P.S.- Nauhatta, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jata Shankar Jha For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Madhepura P.S. Case No. 312 of 2021 registered under sections 392, 395 and 412 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that four unknown miscreants loaded with arms entered into the Bharat Finance Ujjawal Ltd. office where the informant was working on computer and they locked him along with a labour in the bathroom and demanded key of safe locker after opening fire and three of them lifted locker and went outside from the office which was containing Rs. 6,78,989/- and mobile of the informant and threatened to keep quite.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.69320 of 2022(2) dt.13-03-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of confessional statement of other co-accused before the police. Neither the petitioner has been put on T.I.P. nor anything incriminating has been recovered from his conscious possession. Similarly situated other co-accused persons have already been granted bail by the different co-ordinate Bench of this Court vide order dated 29.03.2022 in Cr. Misc. No. 49084 of 2021. The petitioner is languishing in judicial custody since 26.02.2022. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Madhepura P.S. Case No. 312 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Madhepura.

Shubham/- (Sunil Kumar Panwar, J) U T