Allowed

Motilal Kamkar @ Motilal Kumar Kamkar v. the State of Bihar

Patna HC8 Dec 2021CR. MISC./23141/2021

Case brief

AI extract

What is this about?

The Court allowed the bail application of the petitioner accused in an IPS case under various sections of IPC and Arms Act, noting past enmity and prolonged custody, subject to furnishing bonds with two sureties and specific conditions regarding representation and address changes.

What did the court decide?

Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of the like amount subject to specific conditions regarding surety's affidavit, representation, and address.

Motilal Kamkar @ Motilal Kumar Kamkar Vs the State of Bihar — Cheating and Forgery | Patna HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23141 of 2021

¶2

Arising Out of PS. Case No.-143 Year-2019 Thana- RAJPUR District- Buxar

¶3

======================================================

¶4

MOTILAL KAMKAR @ MOTILAL KUMAR KAMKAR S/O VISHWANATH KAMKAR R/o village- Bahuara, P.S.- Rajpur, DistrictBuxar

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Singh For the Opposite Party/s : Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

¶10

3 08-12-2021

¶11

Heard learned counsel for the petitioner and learned APP for the State.

¶12

This Court would expect that the petitioner’s Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

¶13

Petitioner seeks bail in connection with Rajpur P.S. Case No. 143 of 2019 registered under Sections 147, 148, 341, 323 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

¶14

The petitioner’s prayer for bail was earlier rejected on 02.07.2020 in Cr. Misc. No. 20873 of 2020. While rejecting the prayer, this Court had taken note of, the case of the

¶15

Patna High Court CR. MISC. No.23141 of 2021(3) dt.08-12-2021 2/3

¶16

prosecution that the gun-shot injury on the informant’s leg was attributed to the petitioner.

¶17

Learned senior counsel for the petitioner once again retraced the submissions advanced by hearing the matter on the earlier occasion that the prosecution is based on past enmity and in fact informant was aggressor and had sustained injuries otherwise. Apart from the said submission, he further states that petitioner has now undergone substantial custody from 10.02.2020 pending trial.

¶18

It was in this background, this Court had called for a report. The report receiving from the court, suggests that the record is still pending for appearance of the absent accused persons.

¶19

Learned APP has opposed the prayer for bail.

¶20

Considering the rival submissions as also the facts and circumstances of the case along with report, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner’s counsel. Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in

¶21

Patna High Court CR. MISC. No.23141 of 2021(3) dt.08-12-2021 3/3

¶22

Rajpur P.S. Case No. 143 of 2019, subject to the following conditions:-

¶23

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

¶24

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

¶25

(Madhuresh Prasad, J)

¶26

SUMIT/-

¶27

U T

Motilal Kamkar @ Motilal Kumar Kamkar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Motilal Kamkar @ Motilal Kumar Kamkar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Surendra Prasad Das @ Sikandar Das @ Sikander Vs the State of Bihar

Krishan Kumar Vs The State of Bihar

Avinash Rai @ Abinash Kumar Vs the State of Bihar

Rajdeo Ravidas Vs The State of Bihar

Arvind Kumar Vs the State of Bihar

Chandan Kumar @ Chandan Ray Vs the State of Bihar