Gorelal Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5902 of 2023 Arising Out of PS. Case No.-412 Year-2017 Thana- NAWADA District- Nawada ====================================================== Gorelal Kewat S/O Late Hari Kewat R/V- Dr. English, P.S.- Giriyak, DistrictNawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 399, 402/34 of the Indian Penal Code, Sections 25(1-B) a, 26 of the Arms Act and Section 30(a) of the Bihar Prohibition & Excise Act.

The prosecution case as per F.I.R is that on getting information that some criminals have assembled to commit robbery, raid was led and five persons including the petitioner were arrested. From the possession of the petitioner, one loaded country made

Patna High Court CR. MISC. No.5902 of 2023(3) dt.12-09-2023 2/3 pistol and one live cartridges were recovered. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and since the petitioner was carrying criminal antecedent, the police has falsely implicated the petitioner in the present case. The petitioner is languishing in custody since 16.07.2017. Moreover, other similarly situated coaccused has been granted bail by a coordinate Bench of this Court vide order dated 25.08.2017 passed in Cr. Misc. No. 40302 of 2017.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.5902 of 2023(3) dt.12-09-2023 3/3 each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Nawada in connection with Nawada (Town) P.S. Case No. 412 of 2017.

(Sunil Kumar Panwar, J) Shageer/- U T