Soni Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37492 of 2021 Arising Out of PS. Case No.-221 Year-2012 Thana- BARH District- Patna ====================================================== SONI KEWAT Son of Late Mito Kewat @ Mithlesh Kewat Resident of Village- Gowar Dharampur, P.S.- Barh, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Pandey For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 147, 148, 149, 302 of the Indian Penal Code and u/s 27 of Arms Act.
As per the prosecution case, on 25.09.2012 at about 8 PM the informant got information that his younger brother, Raja Ram Mahto, has been killed by this petitioner and other accused persons by firing upon him.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case only on suspicion. There is general and omnibus allegation against this petitioner. Similarly situated accused Vickky Kewat and Anil Singh have already been granted bail by different Benches of this court vide order dated 26.10.2018 passed in Cr. Misc. No. 63001 of 2018 and vide order dated 31.07.2014 passed in Cr. Misc. No. 14848/2014. Petitioner claims clean antecedent and is in custody since 22.01.2021 and investigation in this case is complete.
Patna High Court CR. MISC. No.37492 of 2021(2) dt.21-09-2021 2/2 Learned counsel appearing for the State opposes the prayer for bail.
Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh, Patna in connection with Barh PS case No. 221/2012 on the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J) BKS/- U T