Mohan Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15145 of 2020 =============================================================== Mohan Kewat aged about 45 years (male) son of Dharmraj Kewat, resident of villageDaya Chak, Police Station-Barh, District-Nalanda ................
Petitioner
Versus
The State of Bihar ................. Opposite party =============================================================== Appearance For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the State : Mr. Yogendra Kumar Singh, APP ============================================================= CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10.09.2020 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bihar P.S. Case No.701 of 2019, registered under sections 395 and 397 of the Indian Penal Code.
As per allegation in the F.I.R, while the informant was entering into his house it is stated that three unknown persons entered with him forcibly and started to assault him with the butt
of a country made pistol. They were followed by five more persons who tied up the informant and others, looted articles as mentioned in the F.I.R. and escaped. They were aged between 25 and 40 years.
It is submitted by learned counsel for the petitioner that the F.I.R. was registered against eight unknown persons. The name of the petitioner transpired in the confessional statement of a co-accused. There is no other material against this petitioner. No incriminating article has been recovered from his possession. The petitioner has no criminal antecedent.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having any criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Bihar P.S. Case No.701 of 2019, he will be enlarged on bail 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 Chief Judicial Magistrate, Nalanda at Biharsharif, subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code.
(Partha Sarthy, J) Bibhash U T