Chhotelal Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52277 of 2023 Arising Out of PS. Case No.-861 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.
BAMBAM KEWAT SON OF LATE RAJESHWAR KEWAT RESIDENT OF VILLAGE - PATHLA, P.S. - LAKHISARAI, DISTRICT - LAKHISARAI 2.
JITENDRA KEWAT SON OF LATE PARMESHWAR KEWAT RESIDENT OF VILLAGE - PATHLA, P.S. - LAKHISARAI, DISTRICT - LAKHISARAI 3.
BINOD KEWAT SON OF LATE PARMESHWAR KEWAT RESIDENT OF VILLAGE - PATHLA, P.S. - LAKHISARAI, DISTRICT - LAKHISARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 54895 of 2023 Arising Out of PS. Case No.-861 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.
CHHOTELAL KEWAT S/o LATE LILO KEWAT Resident of village - Pathla, P.s. - Lakhisarai, Distt. - Lakhisarai 2.
Bibek Kewat @ Vivek Kumar Son of Bambam Kewat Resident of village - Pathla, P.s. - Lakhisarai, Distt. - Lakhisarai 3.
Lav Kewat Son of Dharmendra Kewat Resident of village - Pathla, P.s. - Lakhisarai, Distt. - Lakhisarai ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 52277 of 2023) For the Petitioner/s :
Mr. Mayank Bilochan For the Opposite Party/s :
Mr. Pramod Kumar Pandey Mr. Rabi Bhushan (In CRIMINAL MISCELLANEOUS No. 54895 of 2023) For the Petitioner/s :
Mr. Mayank Bilochan For the Opposite Party/s :
Mr. Pramod Kumar Pandey Mr. Rabi Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Patna High Court CR. MISC. No.52277 of 2023(3) dt.30-08-2023 2/3 30-08-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
2. Heard the parties.
3. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 307 and other allied Sections of the Indian Penal Code.
4. Allegedly, the petitioners forcibly ploughed the field of the informant and on protest, they assaulted the informant's side by means of several weapons due to which they sustained injuries.
5. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is a case and counter-case between the parties and both sides have sustained injuries. There is no specific overt act against the petitioners. He further submits that though the injury is of grievous nature but there is general and omnibus allegation against the petitioners. Petitioners in Cr. Misc. No.52277 of 2023 have three criminal antecedents and petitioners in Cr.
Patna High Court CR. MISC. No.52277 of 2023(3) dt.30-08-2023 3/3 Misc. No.54895 of 2023 have two criminal antecedents, which is mentioned in para-3 of the bail applications.
6. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.
7. Having regard to the facts and circumstances of the case as there is general and omnibus allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Lakhisarai P.S. Case No.861 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T