Suresh Kewat @ Suresh Kumar Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24552 of 2016 Arising Out of PS.Case No. -5 Year- 2015 Thana -CHEWRA District- SEKHPURA ======================================================

1. Suresh Kewat @ Suresh Kumar Kewat Son of Anil Kewat Resident of village- Chewara, P.S.- Chewara, District- Sheikhpura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Nagendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Chewara P.S. Case No. 05 of 2015, disclosing offences under Sections 147, 148, 149, 448, 427, 337, 338, 332, 333, 353,323,326,325,307,120B of the Indian Penal Code.

The petitioner is a C.R.P.F. personnel. It is alleged that several persons, variously armed, were demanding extortion. When the police intervened, 37 named accused persons and 100 unknown persons attacked the police personnel and damaged the Government jeep.

Learned counsel for the petitioner has submitted that in the First Information Report, allegation against the petitioner is of assaulting the informant with a sharp cutting

weapon. He has submitted that no injury caused by sharp cutting weapon has been found. He has further submitted that in any event, there is no likelihood that the petitioner would be fleeing from the course of investigation, if granted anticipatory bail.

Considering the facts and circumstances of the case, this application is allowed. Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the court below 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 the learned Sub Divisional Judicial Magistrate, Sheikhpura in Chewara P.S. Case No. 05 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U