Jitendra Kamat And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75600 of 2018 Arising Out of PS. Case No.-140 Year-2018 Thana- NAUHATTA District- Saharsa ======================================================
1. Jitendra Kamat Son of Laxmi Kamat
2. Laxmi Kamat Son of Late Pulkit Kamat Both Resident of Village-Gorpar,Ward No.2,O.P.+P.S. Nauhatta,Distt.-Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jyoti Prabhakar For the Opposite Party/s :
Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the parties.
Petitioners seek bail in Nauhatta P.S. Case No. 140 of 2018 registered for the offence punishable under Sections 341, 342, 323, 324, 326, 379, 504 and 506/34 of the Indian Penal Code.
Informant has alleged that petitioners entered in his house and abused and assaulted him and also inflicted injury from sharp cutting weapon as a result of which he suffered injury on his left thumb.
It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case due to land dispute. Annexure- 2 is compromise petition, in which it has been stated that the matter has been compromised
Patna High Court Cr.Misc. No.75600 of 2018(2) dt.18-12-2018 2/2 between the parties. Both the parties belongs to the same family. They have got no criminal antecedent and are in custody since 04.09.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Nauhatta P.S. Case No. 140 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.
(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) ranjan/- U