Bijendar Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37995 of 2020 Arising Out of PS. Case No.-171 Year-2017 Thana- CHANDI District- Nalanda ====================================================== Bijendar Kewat S/o Late Chando Kewat R/o Village- Doctor English, P.S.- Griyak, Distt- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2021 Heard the learned counsel for the petitioner and Mr. Navin Kumar Pandey, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with S. Tr. No. 106 of 2018 arising out of Chandi P.S. Case No. 171 of 2017 for the offence punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)A, 26, 35 of the Arms Act.

The allegation is regarding the police having caught the petitioner and some other persons, who are alleged to have been making plan to commit dacoity and as far as the petitioner is concerned, one loaded country made pistol and some cartridges were recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 27.05.2017. The

Patna High Court CR. MISC. No.37995 of 2020(2) dt.08-02-2021 2/2 learned counsel for the petitioner has further submitted that the petitioner has been falsely implicated in the present case on account of his bad antecedent, however, as far as the present case is concerned, he is having no complicity in the matter. Per contra, Shri Navin Kumar Pandey, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and considering the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Hilsa, Nalanda in connection with S. Tr. No. 106 of 2018 arising out of Chandi P.S. Case No. 171 of 2017.

(Mohit Kumar Shah, J) Tiwary/- U