Ram Pravesh Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56656 of 2021 Arising Out of PS. Case No.-29 Year-2017 Thana- CHANDI District- Nalanda ====================================================== RAM PRAVESH KEWAT S/o CHHOTE KEWAT @ YADU KEWAT R/o VILLAGE-RAM HARI PIND, P.S-RAJGIR, DISTRICT-NALANDA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee, Adv.
For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with Chandi P.S. Case No. 29 of 2017 registered for the offence under Sections 395 of the Indian Penal Code.
10-12 unknown miscreants are said to have snatched cash of Rs. 900/- from the informant along with three mobiles on the point of pistol.
Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been
Patna High Court CR. MISC. No.56656 of 2021(2) dt.28-01-2022 2/3 implicated in this case. In fact, the petitioner has not been named in the F.I.R. rather the entire F.I.R. is instituted against the unknown persons. Neither the petitioner has been put on T.I.P. nor anything incriminating has been recovered from his exclusive possession. The police after investigation has submitted charge sheet in this case. Moreover, the coaccused, namely, Dhananjai Singh has already been granted bail by a co-ordinate Bench of this Court vide order dated 29.06.2017 passed in Cr. Misc. No. 20039 of 2017. The petitioner is rotting in judicial custody since 13.09.2020. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.
Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Hilsa (Nalanda) in connection with S.T. No. 58 of 2021 arising out of Chandi P.S. Case No.
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the
Patna High Court CR. MISC. No.56656 of 2021(2) dt.28-01-2022 3/3 Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) brajesh/- U