Kapil Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62529 of 2017 Arising Out of PS.Case No. -124 Year- 2015 Thana -DANIYAWA District- PATNA ====================================================== Kapil Kewat, S/o Late Chamari Kewat, Resident of Village- Danara, P.S. Daniyawan, District- Patna.

.... .... 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 ----------- 14-03-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No.852 of 2016, arising out of Daniyawan P.S. Case No.124 of 2015, registered under Sections 147, 148, 149, 323, 341, 448, 337, 307 and 302 of the Indian Penal Code besides Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the prayer of the petitioner for grant of bail was rejected twice by this Court, lastly, vide order dated 09.03.2017 passed in Criminal Misc. No.7348 of 2017. Learned counsel for the petitioner further submits that it would appear from the F.I.R. that due to grudge and

Patna High Court Cr.Misc. No.62529 of 2017 (5) dt.14-03-2018 2/2 enmity, this petitioner having pistol along with 9 others came at the door of the informant and, at that time, this petitioner caused injury through lathi at the head of the wife of the informant and also caused firearm injury to Vikash, the son of the informant. At that time, co-accused Kishore Kewat caused firearm injury to the deceased Mukesh Kumar, the another son of the informant, who died. Further submission is that the petitioner has falsely been implicated in this case due to dirty village politics. The petitioner is in custody since 26.10.2016. Moreover, the report, regarding the nature of the injury of the wife of the informant and Vikash, the son of the informant, has not been collected by the Investigating Officer during the course of investigation.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-VII, Patna City, Patna, in connection with Daniyawan P.S. Case No.124 of 2015.

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