Chhote Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31330 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- MAHILA P.S. DistrictNalanda ====================================================== CHHOTE KEWAT, aged about 25 years, male, Son of Shukar Kewat Resident of Village - Milkipar, P.S.- Nalanda, District- Nalanda ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anil Kumar Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 504, 506, 354(B), 379 of the Indian Penal Code registered in connection with Mahila P.S. Case No. 01 of 2019.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of an earlier altercation relating to fare of tractor. Even earlier the informant had lodged Nalanda P.S. Case No. 160 of 2018 against the petitioner. Statement is made at the Bar that the other case in which the petitioner is accused namely Nalanda P.S. Case No. 49 of 2019 was lodged by the nephew of the informant. It is submitted that the accusation of misbehaviour with the informant is improbable as the occurrence is alleged to have taken place in broad day light at 2.15 p.m.

4. Be that as it may, in the event of the petitioner's

Patna High Court CR. MISC. No.31330 of 2019(2) dt.05-08-2019 2/2 arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Mahila P.S. Case No. 01 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T