Ghuran Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79735 of 2023 Arising Out of PS. Case No.-364 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== Ghuran Kamat Son Of Ganesh Kamat Resident Of Village - Bhit Bhagwanpur, P.S. - Madhepur, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Phulparas P.S. Case No. 364 of 2023 instituted for the offences punishable under Sections 392 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the two unknown miscreants is that they stopped the vehicle of the informant and fired upon him and thereafter they snatched the vehicle of the informant along with some documents and a mobile. Thereafter, they fled away from the place of occurrence.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that the petitioner has been made accused only on the basis of confessional statement of co-accused Kuldeep Kumar Jha and no any incriminating article has been recovered from the house of the petitioner and petitioner is in judicial custody since 05.07.2023. He further submits that similarly situated co-accused , namely, Manish Kumar Sahu has already been granted regular bail by a Co-ordinate Bench of

Patna High Court CR. MISC. No.79735 of 2023(2) dt.08-12-2023 2/2 this Court passed in Cr. Misc. No. 67776 of 2023 vide order dated 31.10.2023. Learned APP for the State opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as the fact that similarly situated co-accused has already been granted regular bail by a Co-ordinate Bench of this Court, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Jhanjharur, District-Madhubani in connection with Phulparas P.S. Case No. 364 of 2023 corresponding to G.R. No. 121 of 2023.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T