Devendra Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25136 of 2021 Arising Out of PS. Case No.-285 Year-2020 Thana- PARWALPUR District- Nalanda ====================================================== DEVENDRA KEWAT S/o LATE SAHVIR KEWAT RESIDENT OF VILLAGE MIRJAPUR, POLICE STATION PARWALPUR, DISTRICT NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Adv.

For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that her husband was taken by Sikandar Kewat to the place of the three named accused persons including the petitioner herein. There were 100 other accused persons present there. Her husband was killed.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Even as per the F.I.R., the allegation of taking away the husband of the informant is of Sikandar Kewat and not the petitioner herein.

Patna High Court CR. MISC. No.25136 of 2021(3) dt.20-12-2021 2/2 The allegations are vague and there are no eye witness to the occurrence. The F.I.R. was registered under section 304 of the Indian Penal Code besides other section. The petitioner is in custody since 28.9.2020 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Parwalpur P.S. Case no.285 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I/Successor Court, Hilsa (Nalanda). (Partha Sarthy, J) Saurabh/- U T