Bobby Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8288 of 2019 Arising Out of PS. Case No.-58 Year-2018 Thana- MEHANDIGANJ District- Patna ====================================================== Bobby Kewat (Male), aged about 22 years, Son of Late Surendra Kewat, Resident of Village- Deepnagar, Maharani Asthan, P.S.- Mehandiganj, District Patna..
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 12.09.2018 in a case registered for the offences punishable under Sections 147, 148, 149, 302 and 120(B) of the Indian Penal Code and under Section 27 of the Arms Act. The prosecution case as per the fardbeyan of Tilkut Dom recorded by D. Paswan, S.I., P.M.C.H., Patna on 17.07.2018 at 10.45 A.M. at P.M.C.H. emergency ward is to the effect that on 16.07.2018 at about 06.00 P.M., the brother of the informant, Mangal Dom along with Rakesh Kumar and Ranjan Kumar were going to Daldaliganj. In the meantime, all the FIR named co-accused persons including the petitioner starting
Patna High Court Cr.Misc. No.8288 of 2019(2) dt.15-02-2019 2/3 firing upon the brother of the informant. On hearing the sound of firing, the informant ran towards the house of co-accused, Sanjay Kewat, and saw that all the accused persons including the petitioner were armed with pistol. Thereafter, co-accused, Sonu fired upon the brother of the informant causing firearm injury on his back and co-accused, Sunny fired from front upon the brother of the informant. On alarm being raised, all the accused persons fled away from the scene. Subsequently, the brother of the informant was taken to the P.M.C.H., where he was declared dead.
It is submitted by learned counsel for the petitioner that the petitioner was a member of mob and there is no specific accusation against the petitioner. Moreover, specific accusation of causing firearm injury is against the co-accused Sunny and Sonu. It is further submitted that the investigation has already been concluded.
Learned APP for the State submits that the petitioner is named in the FIR.
Considering the fact that there is specific accusation of causing firearm injury is against the co-accused Sonu and Sunny and the investigation already being concluded, let the above named petitioner be released on bail, on furnishing bail
Patna High Court Cr.Misc. No.8288 of 2019(2) dt.15-02-2019 3/3 bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna City, Patna, in connection with Mehandiganj P.S. Case No.58 of 2018.
(Dinesh Kumar Singh, J) Deepak/- U T