Chhotan Kewat @ Chottan Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25843 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -MEHDIGANJ District- PATNA ======================================================
1. Chhotan Kewat @ Chottan Kewat, son of Late Girdhari Kewat, resident of Village- Dal Dali Ganj, P.S.- Mehandiganj, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad For the Opposite Party/s : Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2017 The petitioner seeks regular bail in connection with Mehandiganj P.S. Case No. 05/17, registered for offences punishable under Section 147, 148, 149, 323, 307, 379, 385, 504 and 506 of the Indian Penal Code.
Allegation against the petitioner and other co-accused persons is of assault to the informant.
It has been submitted on behalf of the petitioner that only general and omnibus allegation of assault has been levelled against the petitioner and ten other persons. Further injury on the person of the informant was found to be simple in nature. It has also been submitted that other co-accused persons having similar allegation, have already been granted bail by this Court vide order dated 29.05.2017, passed in Criminal Miscellaneous No. 22470 of 2017
Patna High Court Cr.Misc. No.25843 of 2017 (5) dt.10-07-2017 2/3 and order dated 30.06.2017 passed in Criminal Miscellaneous No. 27858 of 2017 and petitioner has been in judicial custody since 29.02.2017.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, nature of allegation, period of custody and also other co-accused having similar allegation has already been granted bail, as such, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thoousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Patna City, in connection with Mehandiganj P.S. Case No. 05 of 2017,csubject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence and shall also not threaten the informant.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and
Patna High Court Cr.Misc. No.25843 of 2017 (5) dt.10-07-2017 3/3 when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail.
It is also made clear that if the petitioner's active participation is found in such type of cases, in future, his bail bonds will be liable to be cancelled.
(Vinod Kumar Sinha, J) sunil/- U T