Dharmnath Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75958 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- BUDDHACOLONY District- Patna ====================================================== Dharmnath Kamat, Son of Bisun Kamat, Resident of Village-Teghara, Police Station-Babubarhi, District-Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Swetabh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned APP for State.

The petitioner in this case is seeking anticipatory bail in connection with Buddha (Budha) Colony P.S. Case No.41 of 2019 registered for the offences punishable under Sections 419, 420, 467, 468, 120(B)/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel submits that no incriminating material has been found against the petitioner and he has falsely been implicated in this case.

Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.75958 of 2019(2) dt.25-11-2019 2/3 wherein it is the submission of the petitioner that the allegation against the petitioner is that he had allowed some one else to participate in the selection process in his place, but the said allegation is not correct and in similar circumstance when several FIRs have been lodged, some of the similarly situated co-accused have been granted privilege of anticipatory bail by a learned coordinate Bench of this Court and one of the orders having been passed in Cr.Misc.No.45401 of 2018 has been brought on record, let the petitioner in the event of his arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs.

15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-cum-Additional Chief Judicial Magistrate-II, Patna in connection with Buddha (Budha) Colony P.S. Case No.41 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade

Patna High Court CR. MISC. No.75958 of 2019(2) dt.25-11-2019 3/3 him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T