Patna High CourtCR. MISC./30409/2016bail granted

Chhote Kewat v. The State Of Bihar

2016-09-01Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30409 of 2016 Arising Out of PS.Case No. -139 Year- 2015 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Chhote Kewat son of Late Sita Kewat, resident of village Majahidpur, Police Station- Islampur, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 341/342/302/201/120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that, though the petitioner is not named in the First Information Report, the present allegation is only on basis of speculation which cannot form the basis of any prosecution. He further submits that there was previous enmity between the parties as the informant's brother (deceased Sanjay Singh), Manoj Singh along with other persons of their village had killed the nephew of the petitioner namely, Awadesh Kewat, for which another case had been lodged bearing Islampur P.S. Case No. 138/2015.

Patna High Court Cr.Misc. No.30409 of 2016 (2) dt.01-09-2016 P2/2 In view of the fact that the petitioner has been named only on the basis of hear-say and admittedly the informant is not the eye-witness, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Islampur P.S. Case No. 139 of 215, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T