Patna High CourtCR. MISC./75571/2023bail granted

Gautam Kumar Kamat @ Gautam Kamat v. The State Of Bihar

2023-12-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75571 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- HARLAKHI District- Madhubani ====================================================== Gautam Kumar Kamat @ Gautam Kamat Son Of Sudhir Kamat Resident Of Village- Bharan Tola, Khirhar, P.S.- Khirhar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikas Kumar Jha, Advocate For the Informant :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Harlakhi P.S. Case No. 93 of 2023 dated 20.04.2023 registered for the offence/s punishable u/s 392 of the Indian Penal Code.

4. As per the prosecution case, two unknown miscreants boarded on a motorcycle are alleged to have snatched Rs. 2,43,000/- from the informant on the point of pistol.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner

Patna High Court CR. MISC. No.75571 of 2023(2) dt.12-12-2023 2/2 is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Subhash Yadav. There is no eyewitness to the alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

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

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 the learned court concerned, Benipatti, Madhubani in connection with Harlakhi P.S. Case No. 93 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

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