Kedar Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7414 of 2019 Arising Out of PS. Case No.-262 Year-2018 Thana- ROHTAS District- Rohtas ====================================================== KEDAR URAON, son of Radhey Uraon, Resident of Village-Naykadih (Kuba), P.S.- Nauhatta, District- Rohtas.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deovind Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 24.09.2018 in a case registered for the offence punishable under Sections 386 and 395 of the Indian Penal Code and Sections 17/18 of the Unlawful Activities (Prevention) Act, 1967 and Section 17 of the Criminal Law (Amendment) Act. The prosecution case got initiated on the basis of written report of Dulari Devi submitted to the Station House Officer, Rohtas Police Station is to the effect that on 19.09.2018 at 11.00 P.M., the informant was sleeping on a scaffolding, while her husband was sleeping on other scaffolding, but after half an hour, he awoken when her blanket was pulled, then she found five accused persons were

Patna High Court Cr.Misc. No.7414 of 2019(2) dt.08-02-2019 2/3 standing near her and out of five three were having arms. It is further alleged that co-accused Chunmun Uraon slapped the informant and threatened her to keep quite otherwise she will be killed. The accused persons also demanded Rs.50,000/- as extortion from the informant. It is further alleged that the accused persons took away Rs.74,000/-, jewellery and a mobile phone from the house of the informant. The informant also identified the petitioner as one of the accused persons. It is submitted by learned counsel for the petitioner that the petitioner and the informant are known to each other from before and only in the background of old enmity, the accusation has been levelled against the petitioner.

It is further submitted that the thrust of accusation is against co-accused Chunmun Uraon and similarly situated co-accused Rajesh Uraon and Kamlesh Uraon have been granted bail by a coordinate Bench of this Court vide order dated 20.12.2018, passed in Criminal Miscellaneous No. 77027 of 2018. The investigation has already been concluded and a statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the petitioner is alleged to have committed dacoity.

Patna High Court Cr.Misc. No.7414 of 2019(2) dt.08-02-2019 3/3 Considering the thrust of accusation against coaccused Chunmum Uraon and the investigation being concluded, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, 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, Dehri, Rohtas, in connection with Rohtas P.S. Case No. 262 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T