Nakatkewat @ Pinku Kewat @ Sanjeet Kewat @ Sanjeevan Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37927 of 2021 Arising Out of PS. Case No.-221 Year-2012 Thana- BARH District- Patna ====================================================== NAKATKEWAT @ PINKU KEWAT @ SANJEET KEWAT @ SANJEEVAN KEWAT S/O LATE BISHNU KEWAT @ BISHUNI KEWAT R/O VILLAGEGOWAR DHARAMPUR, P.S-BARH, DISTRICT-PATNA. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Barh P.S. Case No. 221 of 2012 registered for the offences punishable under Sections 147, 148, 149, 302 of the IPC and Section 27 of the Arms Act.

As per prosecution case, on 25.09.2012 at about 8 PM, the informant got information that his younger brother has been killed by the accused persons including the petitioner. Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence

Patna High Court CR. MISC. No.37927 of 2021(2) dt.08-12-2021 2/3 and he has falsely been implicated in the present case. It is further submitted that from the FIR itself it appears that informant is not eye witness of the occurrence. It is further submitted that co-accused Vikky Kewat has been granted bail by a co-ordinate Bench of this court vide order dated 26.10.2018 passed in Cr. Misc. No. 63001 of 2018. Similarly, co-accused Anil Singh has been granted bail by a co-ordinate Bench of this court vide order dated 31.07.2014 passed in Cr. Misc. No. 14848 of 2014. Similarly, co-accused Soni Kewat has been granted bail by a co-ordinate Bench of this court vide order dated 21.09.2021 passed in Cr. Misc. No. 37492 of 2021. Petitioner is in custody since 28.01.2021.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as period of custody, 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 the learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Barh P.S. Case No. 221 of 2012, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and

Patna High Court CR. MISC. No.37927 of 2021(2) dt.08-12-2021 3/3 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 absence on two consecutive dates without sufficient reason, his 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T