IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32000 of 2011
1. Mahendra Kamat, son of Parithbi Lal Kamat
2. Managni Kamat @ Ram Kamat, son of Late Jagat Kamat.
Versus
The State Of Bihar
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with
Criminal Miscellaneous No.32116 of 2011
Manoj Kumar Kamat @ Manoj Kamat, son of Suresh Pd. Kamat
Versus
The State Of Bihar
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2. 27.09.2011 Learned counsel for the petitioner is permitted to
make necessary correction in paragraph-1 and prayer portion
of the petition.
Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for
the offence under Sections 147, 148, 149, 323, 332, 333, 307,
353, 379, 427, 188, 109, 183, 290, 337 of the Indian Penal
Code and Section 171(F) R.P. Act.
Considering that there is no specific overt act
alleged against the petitioners and the occurrence took place
o the day of Election and the petitioners have fair
antecedents, Let the petitioners above named, be released
on bail on furnishing bail bond of Rs. 5,000/- (Five thousand)
each with two sureties of the like amount each or any other
surety to be fixed by the court concerned to the satisfaction of
Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani,
in connection with Khutauna P.S. Case No. 12 of 2011
corresponding to G.R. No. 385 of 2011, subject to the
2
following conditions: (i) That one of the bailors will be a close
relative of the petitioners, who will give an affidavit giving
genealogy as to how he is related with the petitioners and the
other shall be the brother/father of the petitioners. The bailors
will undertake to furnish information to the court about any
change in the address of the petitioners. (ii) That the affidavit
shall clearly state that the petitioners are not accused in any
other case and, if they are, they shall not be released on bail.
(iii) That the bailors shall also state on affidavit that they will
inform the court concerned if the petitioners are implicated in
any other case of similar nature after their release in the
present case and thereafter the court below will be at liberty
to initiate the proceeding for cancellation of bail on the ground
of misuse. (iv) That the petitioners will give an undertaking
that they will receive the police papers on the given date and
be present on date fixed for charge and if they fail to do so on
two given dates and delay the trial in any manner, their bail
will be liable to be cancelled for reasons of misuse. (v) That
the petitioners will be well represented on each date and if
they fail to do so on two consecutive dates, their bail will be
liable to be cancelled.
( Anjana Prakash, J.)
S.Ali