Purushottam Kamat @ Prushottam Kumat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81787 of 2023 Arising Out of PS. Case No.-223 Year-2021 Thana- MADHEPUR District- Madhubani ====================================================== Purushottam Kamat @ Prushottam Kumat Son Of Kapildeo Kamat @ Kapildev Kamat Resident Of Village - Bheeth Bhagwanpur, P.S. - Madhepur, District - Madhubani ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Bharti, Advocate For the Opposite Party/s :
Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-02-2024
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Madhepur P.S. Case No. 223 of 2021 dated 19.12.2021 registered for the offence(s) punishable under Section(s) 341, 323, 324, 342, 379, 384, 386, 307, 504, 506/34 of the Indian Penal Code.
3. The main submissions advanced by learned counsel for the petitioner are that the petitioner earlier preferred Cr. Misc. No. 66368 of 2022 for the relief of regular bail which was rejected by this court vide order dated 14.03.2023 and thereafter the petitioner has again come for the relief of bail
Patna High Court CR. MISC. No.81787 of 2023(4) dt.02-02-2024 2/3 mainly on the ground of his long incarceration period as well as the privilege of bail having been granted by the trial court to a similarly situated co-accused namely, Mantrijee vide order dated 10.08.2023 passed in B.P. No. 394 of 2023 and petitioner has been languishing in jail since 19.04.2022 and his case is at initial stage and still charges have not been framed upon him after the commitment of his case.
4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.
5. Considering the above submissions and mainly taking into account the petitioner's custody period which has been about 1 year and 10 months and the status report of the petitioner's case sent by the trial court which goes to show that the petitioner's case is at initial stage, in my opinion, the petitioner now deserves to the privilege of bail. Accordingly, let the petitioner named-above be released on bail after framing of charges upon him on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Madhepur P.S. Case No. 223 of 2021.
6. The trial court is directed to take steps to frame the charges upon the petitioner in the next 15 days from the date of
Patna High Court CR. MISC. No.81787 of 2023(4) dt.02-02-2024 3/3 this order, in case of non-appearance of co-accused, separate the case of petitioner and then frame charges upon him. (Shailendra Singh, J) Rajiv/- U T