Gorelal Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15478 of 2019 Arising Out of P.S. Case No.-211 Year-2018 Thana- HISUWA District- Nawada ====================================================== GORELAL KEWAT, aged about 56 years, Son of Late Munshi Kewat, Resident of Village - Baguli, P.S.- Hisua, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Prasad, Advocate For the Opposite Party/s :

Mr.Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-03-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 22.07.2018 in connection with Hisua P.S.Case No.211 of 2018 for the offence alleged under Sections 323, 354(B), 379, 504 and 506 of the Indian Penal Code and Section 37(b) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as lodged by the informant is that while she was at the door of her house, the petitioner in a drunken condition tried to outrage her modesty and also snatched her silver chain.

It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated being on an inimical terms with the informant. He submits that no overt-act has been committed by the petitioner and he is languishing in judicial custody since nearly eight months, chargesheet having been submitted and there being no

Patna High Court CR. MISC. No.15478 of 2019(2) dt.15-03-2019 2/2 allegation of tampering with the prosecution evidence. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not bear a clean antecedent and one more case is pending against him. Considering the nature of allegations, the period of custody and that chargesheet has already been submitted, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Hisua P.S.Case No.

211 of 2018 to the satisfaction of learned Additional District JudgeII-cum-Special Judge, Nawada, subject to the following conditions:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. B.Kr.