Patna High CourtCR. MISC./52222/2023bail granted

Vijay Kewat v. The State Of Bihar

2024-02-12Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52222 of 2023 Arising Out of PS. Case No.-438 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== Vijay Kewat Son of Late Lekhraj Kewat Resident of Village- Amjhar Tola Moti Bigha, P.S. - Belaganj, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheikh Arkan Ahmad, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Belaganj P.S. Case No. 438 of 2021 registered for the offence under Sections 341,323,307,504, 506/34 and 302 of IPC.

3. It is alleged that the petitioner and his brother assaulted the father of the informant with Lathi danda. Later on the father of the informant died after 15 days of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is some land dispute between the petitioner and the informant due to which there was free fight and case and counter case has been lodged by both sides. He further submits

Patna High Court CR. MISC. No.52222 of 2023(7) dt.12-02-2024 2/2 that petitioner is in custody since 28.10.2023. Similarly situated co-accused person, namely, Baldhurup Kewat has already been granted bail by a co-ordinate Bench of this Court vide order dated 27.05.2022 vide Cr. Misc. No. 30933 of 2022.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances and period of custody of the petitioner, the above named petitioner is directed to be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - IInd, Gaya in connection with Belaganj P.S. Case No. 438 of 2021.

(Ramesh Chand Malviya, J) saurabhkr/- U T