Bharat Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28429 of 2020 Arising Out of PS. Case No.-541 Year-2019 Thana- BAGHA District- West Champaran ====================================================== 1.

Bharat Kewat, S/o Late Bhrigunath Kewat 2.

Angeera Devi, W/o Bharat Kewat .

3.

Basant Kewat, S/o Tilaki Kewat @ Tilak Kewat, All are Resident of Village- Naraipur, P.S.- Bagaha (Pathkhauli), DistrictWest Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Mitali, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-01-2021 Heard learned counsel for the petitioners and the State.

Learned counsel for the petitioners informs the Court that petitioner no.3, namely, Basant Kewat, has been arrested during the pendency of this application and, as such, the anticipatory bail application has become infructuous as against petitioner no.3.

The petitioners are apprehending arrest in connection with Bagaha (Pathkhauli) P.S. Case No. 541 of 2019 for the offence under Sections 341, 323, 448, 380, 427, 504, 506/34 of the Indian Penal Code.

It is alleged that the informant went out from his house after closing the door thereafter theft was committed in the house and five thousand (5,000/-) cash, 50 Kg. rice and

Patna High Court CR. MISC. No.28429 of 2020(2) dt.18-01-2021 2/2 other valuables stolen from the house of the informant. Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent. He further submits that only on suspicion the petitioners have been made accused in the present case. He also submits that the informant is the own uncle of petitioner no.1.

Considering the fact that the petitioners have got no criminal antecedent and petitioner no.1 is related to the informant and also considering the totality of the facts situation, the petitioner no. 1 and 2, in the event of arrest or surrender before the court below within one month from the date of receipt of a copy of this order, are directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Bagaha, West Champaran in connection with Bagaha (Pathkhauli) P.S. Case No. 541 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Upadhyay, J) uday/- U T