Gautam Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61377 of 2023 Arising Out of PS. Case No.-236 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== GAUTAM KEWAT Son of Suresh Kewat R/o vill - Bakra, P.S. - Giriyak, Distt. - Nalanda ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar Singh For the Opposite Party/s :
Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023 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 Giriyak (Pawapuri) P.S. Case No. 236 of 2022 dated 10.5.2022 registered for the offences punishable u/s 147, 148, 149, 341, 323, 386, 302, 504, 506 of the Indian Penal Code and 27 of the Arms Act.
3. As per the prosecution case, the petitioner and the co-accused persons along with two unknown miscreants came to the shop of the informant's son and demanded Rs. 10,000/- as extortion from him when he refused to give the said amount, the co-accused Ravi Kewat fired on the informant's son and he died during the course of the treatment.
Patna High Court CR. MISC. No.61377 of 2023(2) dt.12-09-2023 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The specific allegation of firing is against the co-accused Ravi Kewat. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 24.8.2023 passed in Cr. Misc. No. 27193 of 2023. The petitioner is accused in 7 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 15.9.2022.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
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, Nalanda at Biharsharif in connection with Giriyak (Pawapuri) P.S. Case No. 236 of 2022 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date,
Patna High Court CR. MISC. No.61377 of 2023(2) dt.12-09-2023 3/3 failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Ajay Singh/- U T