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Patna High CourtCR. MISC./39840/2023allowed

Babloo Kewat @ Ballu Kewat v. The State Of Bihar

2023-11-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39840 of 2023 Arising Out of PS. Case No.-236 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== BABLOO KEWAT @ BALLU KEWAT S/O MUNARIK KEWAT R/O VillBakra, P.O-Chorsul, P.S. Giriyak, Distt-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivnandan Bharti For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seek regular bail in connection with Giriyak (Pawapuri) P.S. Case No. 236 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 386, 302, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, on the alleged date of occurrence when the informant's son namely Indrajeet Kumar @Anshu Kumar was at his shop, meanwhile the accused persons including the petitioners came there and started abusing him. During course of this incident the petitioner gave gun to coaccused Ravi Kewat who fired upon informant's son due to which he sustained gun shot injury and he died during course of treatment.

Patna High Court CR. MISC. No.39840 of 2023(4) dt.01-11-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. The petitioner is alleged to be only members of mob and no any specific overt-act is attributed to him. The specific allegation is against co-accused namely, Ravi Kewat who shot fired upon the son of the informant due to which he died. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.09.2022.

5. Learned APP appearing for the state opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Giriyak (Pawapuri) P.S. Case No. 236 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif.

(Sunil Kumar Panwar, J) Manishkr/- U T