Ashok Kewat And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43975 of 2016 Arising Out of PS.Case No. -89 Year- 2016 Thana -KADWA District- KATIHAR ======================================================
1. Ashok Kewat S/o Late Durga Kewat
2. Satya Narayan Kewat S/o Jagdish Kewat
3. Saroj Kewat S/o Jagdish Kewat
4. Sikandar Kewat S/o Basudeo Kewat
5. Pradeep Kewat S/o Yogendra Kewat, all are resident of village Tegachia, P.S. Kadwa, District Katihar
6. Basudeo Kewat @ Basudev Kewat S/o Shibu Kewat, resident of village Raniganj, P.S. Kadwa, District Katihar
7. Prayag Kewat S/o Late Lakhan Kewat, resident of village Dokhda, P.S. Kadwa, District Katihar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2016 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 354, 354(A), 354(B), 379, 386, 506, 504, 427, 323, 147 and 148 of the Indian Penal Code. The prosecution case, in brief, is that on the alleged date and time of occurrence a person belonging to the particular community was injured in a motorcycle accident and a suspicion was raised to be killed by husband of the informant, upon which the people of other community belonged to deceased blocked the road by lying dead body. They damaged household articles of the
Patna High Court Cr.Misc. No.43975 of 2016 (3) dt.22-11-2016 2/3 informant and Scorpio vehicle amounting to Rs.20 lakhs. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Prior to institution of the present case, a case was instituted against the husband of the informant for committing an offence under Section 302 of the I.P.C. vide Annexure-2 to the present application. In retaliation a mob had entered in the house of the informant of the present case. Altogether 22 persons are named in the F.I.R. including the petitioners apart from a mob of 500 people. No specific allegation has been made against the petitioners. The other co-accused have been granted anticipatory bail vide Cr.Misc.No.42080 of 2016.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Katihar in connection with Kadwa P.S. case No.89 of 2016, subject to the
Patna High Court Cr.Misc. No.43975 of 2016 (3) dt.22-11-2016 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T