Rohit Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19287 of 2023 Arising Out of PS. Case No.-293 Year-2021 Thana- HARNAUT District- Nalanda ====================================================== Rohit Kewat S/O Sudhir Kevat R/v- Bakara, P.S.- Bind, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Kanchan Kumari, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-03-2023 Heard the parties.

The present application has been filed for grant of bail in connection with Harnaut P.S. Case No. 293/2021, under Section 395 and 412 of the I.P.C. with STR No. 57/2022. In this case, the allegation against the petitioner is that he has five criminal antecedents under his belt and while the informant and his family members were sleeping, he has heard the commotion and found accused persons in their house. The further allegation is that the informant was tied and his gold chain was snatched. The same offence was repeated with his better-half and after committing dacoity, they left the place. Earlier the matter was taken up on 12.09.2022 and the same was rejected vide Cr. Misc. No. 33667 of 2022. Considering the period of custody i.e. 18.08.2021 (as

Patna High Court CR. MISC. No.19287 of 2023(2) dt.29-03-2023 2/3 stated in para 15 of the bail application), this Court is inclined to grant him the privilege of bail with strict conditions as he has number of criminal cases under his belt.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge, IInd, Biharsharif, Nalanda, in connection with Harnaut P.S. Case No.293 of 2021 subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court every month till conclusion of the trial and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall leave his district(Nalanda) for a period of six months after providing name and address and police station of his place of stay during the said period and he shall be duty bound to visit the police station (where he will stay) every week to mark his attendance;

Patna High Court CR. MISC. No.19287 of 2023(2) dt.29-03-2023 3/3 (iv) upon return to his district, he shall visit the concerned police station every month till the conclusion of trial to mark his attendance;

(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/-Kiran U T