Sukhi Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16661 of 2019 Arising Out of PS. Case No.-92 Year-2018 Thana- PARWALPUR District- Nalanda ====================================================== Sukhi Kewat S/o Bhagirath Kewat Resident of Village-Balmat Bigha, P.S.- Islampur, District-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar, Adv.

For the informant :

Mr. Sarvadeo Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code & 27 of the Arms Act.

The prosecution case in brief is that at night while the informant's husband was sleeping at Dalan of Surendra Singh, he was shot dead.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 28-09-2018. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. At the time of occurrence, one witness Surendra Singh was sleeping alongwith

Patna High Court CR. MISC. No.16661 of 2019(4) dt.29-07-2019 2/2 the deceased. He is most competent witness to the occurrence. He has not named the petitioner. Subsequently, two witnesses in paragraphs-155 & 156 of the case diary came forward to state that they had seen the petitioner along with others fleeing away from the place of occurrence. The other co-accused with similar allegation has been granted bail by a coordinate bench of this court vide order dated 18-04-2019 passed in Cr. Misc. No. 4375 of 2019.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Hilsa, Nalanda in connection with Parwalpur P.S. Case No. 92 of 2018. (Sudhir Singh, J) A.K.V.//- U T