Mohit Kamat v. The State of Bihar
Case brief
What is this about?
Anticipatory bail granted; Patna High Court; Criminal Appeal (SJ) No. 485 of 2023 decided 25-07-2024 by Prabhat Kumar Singh, J; appeal against Special Judge (SC/ST) Madhubani order dated 14.09.2022 rejecting anticipatory bail; Ladaniya P.S. Case No. 203 of 2022, Madhubani; IPC Sections 341, 323, 354, 379, 504, 506/34; SC/ST (Prevention of Atrocities) Act Sections 3(i)(r) and 3(2)(va); allegations of abuse by caste name and lathi assault on informant's wife; pleas of false implication due to enmity, no injury report, no independent witnesses; bail-bonds Rs. 10,000 with two sureties; arrest/surrender within six weeks; impugned order set aside; co-appellant died, application dismissed as withdrawn.
What did the court decide?
Appeal allowed; impugned order dated 14.09.2022 set aside; appellant No. 1 (Mohit Kamat) to be enlarged on anticipatory bail upon arrest/surrender within six weeks on bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge (SC/ST), Madhubani; anticipatory bail application of appellant No. 2 dismissed as withdrawn on his death during pendency.