Surendar Kewat @ Surendra Mallah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10119 of 2023 Arising Out of PS. Case No.-236 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== 1.

Surendar Kewat @ Surendra Mallah Son Of Sugan Kewat R/O VillageBakra, P.S.- Giriyak (Pawapuri), District- Nalanda 2.

Golu Kewat Son Of Surendar Kewat R/O Village- Bakra, P.S.- Giriyak (Pawapuri), District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioners seek regular bail in connection with Giriyak (Pawapuri) P.S. Case No. 236 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 386, 302, 504, 506 of the Indian Penal Code and Section 27 of Arms Act. As per prosecution case, on the alleged date of occurrence when the informant's son namely Intrajeet Kumar @Anshu Kumar was at his shop, meanwhile the accused persons including the petitioners came there and started abusing him. During course of this incident, co-accused Ravi Kewat fired upon informant's son due to which he sustained gun shot injury and he died during course of treatment.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.10119 of 2023(3) dt.16-05-2023 2/2 petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to dirty village politics. The petitioners are alleged to be only members of mob and no any specific overt-act is attributed to them. The specific allegation is against co-accused namely, Ravi Kewat who shot fire upon the son of the informant due to which he died. It is further submitted that the petitioners are languishing in judicial custody since 16.7.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Giriyak (Pawapuri) P.S. Case No. 236 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif.

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