Mukesh Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53333 of 2016 Arising Out of PS.Case No. -23 Year- 2015 Thana -SILAO District- NALANDA (BIHARSHARIFF) ====================================================== Mukesh Kewat S/o Birju Kewat, Resident of village- Doctor English, P.S.- Giriyak, Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 27.09.2016 in connection with Silao P.S. Case No. 23 of 2015 registered for the offence punishable under Section 392 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he after purchasing furniture was coming to his home, 2-3 persons wrapping their face with clothes, intercepted his vehicle and snatched away his mobile and Rs. 1100/- from his pocket as also assaulted him. It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.53333 of 2016 (2) dt.21-12-2016 2/3 the petitioner that he is innocent, has no criminal history and has been falsely implicated only on the basis of suspicion and confessional statement of co-accused Bijendra Kewat, who has since been granted the privilege of bail by the learned Court below itself. He further submits that nothing incriminating has been recovered from his conscious possession and no Test Identification Parade has been done so far and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State submits that the petitioner has been named by the co-accused in the alleged occurrence, hence, opposes the prayer for bail. Be that as it may, since charge-sheet has already been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Silao P.S. Case No. 23 of 2015, subject to the condition that petitioner shall appear before the learned Court below during trial as and

Patna High Court Cr.Misc. No.53333 of 2016 (2) dt.21-12-2016 3/3 when required and in case of default to appear before the learned Court below, bail bonds of the petitioner will be liable to be cancelled.

(Nilu Agrawal, J.) Arjun/- U T