Rajesh Kewat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72479 of 2018 Arising Out of PS. Case No.-194 Year-2016 Thana- PUNPUN District- Patna ====================================================== 1.

Rajesh Kewat and Anr Son of Shivji Kewat.

2.

Dhananjay Kewat, Son of Shivji Kewat. Both Resident of Village-Bhurkur Police Station-Hilsa, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Section 395 of the Indian Penal Code. The prosecution case in short is that while the informant was returning from tilak ceremony, the accused persons took away the belongings on the point of pistol. It has been submitted on behalf of the petitioners that the petitioners are in custody since 5.9.2016. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioners have remained in custody for two and a half years. The petitioners are not named in the F.I.R.. The name of

Patna High Court CR. MISC. No.72479 of 2018(4) dt.12-04-2019 2/2 the petitioners have transpired on the basis of self statement of petitioner no. 1 before the police. There is no recovery of any incriminating articles from the possession of the petitioners. The petitioners have not been put on T.I.P..

On behalf of the State, it is submitted that the petitioners are not named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Masaurhi, Patna in connection with Punpun P.S. Case No. 194 of 2016.

(Sudhir Singh, J) Pankaj/- U T