Patna High CourtCR. MISC./57488/2024bail granted

Muneshwar Kewat v. The State Of Bihar

2024-08-27Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57488 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- AAJAM NAGAR District- Katihar ====================================================== Muneshwar Kewat Son of Late Jamun Kewat R/O Vill.- Dokhra, P.S.- Kadwa, Dist.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Azamnagar P.S. Case No. 98/2024 dated 09.03.2024 registered for the offence punishable u/s 395 of the Indian Penal Code, Section 27 of the Arms Act and 3 / 4 of the Explosive Substance Act.

3. As per the prosecution case, 20-25 unknown miscreants holding lethal weapons are alleged to have entered the house of the informant with deadly weapons and committed dacotiy of jewellery, cash, a mobile phone, DVR and other articles and fled away.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.57488 of 2024(2) dt.27-08-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the selfconfessional statement. The co-accused person has already been granted regular bail by this court vide order dated 21.08.2024 passed in Cr. Misc. No. 57273 of 2024. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 13.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that Rs. 3600/-, two bombs, one country made pistol and a mobile phone were recovered from the Janaku's maize filed as disclosed by the petitioner and he confessed his guilt in the alleged occurrence.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Azamnagar P.S. Case No. 98/2024 with the condition :- (i) The petitioner is directed to remain physically present

Patna High Court CR. MISC. No.57488 of 2024(2) dt.27-08-2024 3/3 before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T