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Pankaj Kumar Kamat @ Sri Pankaj Kumar Kamat and Anr. v. The State Of Bihar

Patna HC16 Jul 2014CR. MISC./17293/2014

Case brief

AI extract

What is this about?

The High Court at Patna granted bail to petitioners facing charges under Sections 363, 365, and 120B of the Indian Penal Code for alleged kidnapping, allowing renewal of bail prayer after three months had elapsed.

What did the court decide?

Petitioners directed to be released on bail by furnishing a bond of Rs. 10,000 each with two sureties to the satisfaction of the Court.

Pankaj Kumar Kamat @ Sri Pankaj Kumar Kamat and Anr. Vs The… — Bail and Remand | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.17293 of 2014

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Arising Out of PS.Case No. -8 Year- 2014 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ====================================================== 1. Pankaj Kumar Kamat @ Sri Pankaj Kumar Kamat 2. Jai Krishna Kamat both Sons of Gul Badan Kamat Resident of villageManiahi, P.S.- Ghoghardiha, District- Madhubani .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amrendra Nath Verma For the Opposite Party/s : A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER

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3 16-07-2014 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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The petitioners seek regular bail in a case registered under Sections 363, 365 and 120B of the Indian Penal Code.

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Allegedly the victim Sumit Priyadarshi, aged 25 years became traceless and after getting information his brother, the informant, came at Darbhanga and came to know that Sumit Priyadarshi was taken away by both the petitioners. Further it is alleged that the father, namely, Gul Badan Kamat was also involved in kidnapping of the victim.

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Submission at the Bar for release of the petitioners is that the petitioner no.1 is suffering in custody since 17/01/2014 and

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Patna High Court Cr.Misc. No.17293 of 2014 (3) dt.16-07-2014

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petitioner no.2 is suffering in custody since 14/01/2014 without any legal and cogent material. During investigation it has not come as to from whom the informant and other witnesses, namely,

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Ram Narain Sah and Shiv Narain Sah came to know that the petitioner has taken away the victim and besides suspicion there is nothing against the petitioner, charge sheet has already been submitted and there is no chance of tampering with the prosecution witnesses to which learned A.P.P. duly assisted by the learned counsel for the informant opposes by submitting that the informant and the witness came to know that the petitioners have taken away the victim, who is still traceless. It is a case of last seen.

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In the facts and circumstances, as stated above, and noticing that in the order passed by the learned Sessions Judge petitioner was given liberty to renew his prayer for bail after three months from his order dated 25/03/2014 and as three months have elapsed and the situation is the same and as such the petitioners, Pankaj Kumar Kamat @ Sri Pakaj Kumar Kamat and Jai Krishna Kamat are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like mount each to the satisfaction of learned C.J.M., Darbhanga, in L.N.M. University P.S.Case No. 8/2014, subject to the conditions

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Patna High Court Cr.Misc. No.17293 of 2014 (3) dt.16-07-2014

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that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioner from privilege of bail.

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(Jitendra Mohan Sharma, J)

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singh/-

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Pankaj Kumar Kamat @ Sri Pankaj Kumar Kamat and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Pankaj Kumar Kamat @ Sri Pankaj Kumar Kamat and Anr. v. The State Of Bihar

Case brief

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What did the court decide?

What the court decided

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