Arun Kumar Keshari @ Bhuwar Keshari @ Bhuar Keshari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7124 of 2019 Arising Out of PS. Case No.-119 Year-2017 Thana- ARA NAGAR District- Bhojpur ====================================================== Arun Kumar Keshari @ Bhuwar Keshari @ Bhuar Keshari Son of Brij Kishore Keshri Resident of Village-Gaushganj, P.S.- Ararh Town ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilesh Kumar For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-03-2019 Earlier prayer for bail of the petitioner was rejected twice by this Court, firstly vide order dated 07.09.2017 passed in Cr. Misc. No. 41320 of 2017 with a direction to the court below to verify the statement of the eye witnesses and if the petitioner is not named as an assailant, he shall release the petitioner on bail to his own satisfaction. However, it appears that prayer for bail of the petitioner has been rejected by the court below on the ground that some of the witnesses in paragraphs 20, 36 and 37 of the case diary have named this petitioner. In such view of the matter, again vide order dated 03.01.2018 passed in Cr. Misc. No. 56966 of 2017 prayer for bail was rejected with a direction to the learned court below to expedite the trial. This is the third attempt for bail of the petitioner.

The petitioner seeks regular bail in connection with Ara Town P.S. Case No. 119 of 2017, registered for the offences

Patna High Court CR. MISC. No.7124 of 2019(3) dt.06-03-2019 2/2 punishable under Sections 147, 148, 149, 447, 307, 302, 379, 427 of the Indian Penal Code.

Submission of learned counsel for the petitioner is that the injured and wife of the injured are the competent witnesses and they have not named this petitioner in paragraphs 20, 36 and 37, there is general and omnibus allegation against him. The petitioner is in custody since 13.03.2017.

Heard learned A.P.P. also, who after perusal of the case diary does not controvert the above submission of the petitioner. Having heard both sides, considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, 1st Ara, in connection with Ara Town P.S. Case No. 119 of 2017, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) Amjad/- U T