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Patna High CourtCR. MISC./56382/2015bail granted

Munib Kewat And ORS. v. The State Of Bihar

2015-12-22Mr. Justice Rajendra Kumar Mishra3 pages

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IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56382 of 2015 Arising Out of PS.Case No. -23 Year- 2014 Thana -LAUKARIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Munib Kewat.

2. Gobind Kewat @ Govind Kewat.

3. Pulind @ Pulinder Kewat.

All are sons of Raje Kewat, resident of Village- Patehara Bazar, P.S.- Laukariya, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 22-12-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Tr. No.3394 of 2015, arising out of Laukariya (Pathkauli) P.S. Case No.23 of 2014 registered under Sections 147, 148, 149, 341, 342, 323, 447, 307, 302, 379, 504 and 506 of the Indian Penal Code. The prosecution case is that on 17.03.2014 at about 04.00 P.M. in the evening, the informant was sitting at his door. In the meantime, his Pattidars, Raja Kewat, Manoj Kewat, Rajeshwar Kewat and the petitioners armed with lathi and danda came there and started to abuse and caused assault to the father of

Patna High Court Cr.Misc. No.56382 of 2015 (2) dt.22-12-2015 2/3 the informant through lathi on his head, who died on the spot. On alarm being raised by the informant, the petitioner no.1, Munib Kewat and the co-accused, Manoj Kewat assaulted to him through lathi causing head injury to him. When the wife of the informant came there from the house, the co-accused, Rajeshwar Kewat and Raja Kewat assaulted her with lathi with an intention to kill her causing head injury to her. Thereafter, the lady members of the house of the petitioners armed with lathi and danda came there and started to assault.

Learned counsel appearing on behalf of the petitioners submits that there is general and omnibus allegation of assault against the petitioners and others to cause injury to the father of the informant. It is further submitted that the similarly situated coaccused, Raja Kewat and Manoj Kewat have already been granted bail by a Bench of this Court by a common order dated 03.03.2015 passed in Criminal Misc. No.48957 of 2014 with Criminal Misc. No.49436 of 2014. The petitioners having no criminal antecedents are in jail custody since 28.09.2015.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court Cr.Misc. No.56382 of 2015 (2) dt.22-12-2015 3/3 of Sri R.K. Singh, Judicial Magistrate, First Class, Bagaha, District-West Champaran, in connection with Tr. No.3394 of 2015, arising out of Laukariya (Pathkhauli) P.S. Case No.23 of 2014.

(Rajendra Kumar Mishra, J) P.S./- U T