Rambilash Kewat @ Ramavilash Kevat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30877 of 2020 Arising Out of PS. Case No.-135 Year-2020 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== RAMBILASH KEWAT @ RAMAVILASH KEVAT S/o Late Kapildeo Kewat R/o Village-Mahuariya, P.S-Durgawati, District-Kaimur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Tripathy For the Opposite Party/s :

Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 401, 413, 414, 419, 420, 411 and 34 of the Indian Penal Code.

Prosecution allegation, in short, is that the unknown accused person looted the motorcycle of the informant while it was parked in from of the tea shop.

Patna High Court CR. MISC. No.30877 of 2020(2) dt.24-11-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.05.2020. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confessional statement of co-accused. The motorcycle in question is said to have been recovered from the house of coaccused. It is alleged that one more motorcycle without number plate is said to have been recovered from the house of the petitioner but the same does not relate to the present case. Except for this, there is no other substantive evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Durgawati P.S. Case No. 135/2020 (R/Gr-925/2020).

Pankaj/- (Sudhir Singh, J) U T