Jaipal Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5699 of 2023 Arising Out of PS. Case No.-1 Year-2015 Thana- GOPALPUR District- Patna ====================================================== Jaipal Kewat Son of Shivji Kewat R/V- Bhurkur P.S- Hilsa, Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392 of the Indian Penal Code.

As per prosecution case, the allegation against 4 unknown persons is that on the point of pistol they locked the informant and his family members in room and looted some ornaments of golden and silver and mobile.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the F.I.R. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and the petitioner has not put on T.I.P. The petitioner has got no criminal antecedent as

Patna High Court CR. MISC. No.5699 of 2023(3) dt.04-07-2023 2/2 stated in para 3 of the petition. It is further submitted that similarly situated other co-accused person has already been granted bail by other co-ordinate Bench of this Court vide order dated 17.10.2022 passed in Cr. Misc. No. 71142 of 2021. Moreover, the petitioner is languishing in judicial custody since 21.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gopalpur P.S. Case No. 01 of 2015 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna. (Sunil Kumar Panwar, J) lata/- U T