Ajit Kumar Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60841 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- KADWA District- Katihar ====================================================== Ajit Kumar Kewat S/o Tulsi Kewat R/o- Tegachhia, P.S.- Kadwa, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-09-2025 Learned counsel for the petitioner is permitted to make necessary correction in paragraph-1 of the bail petition in course of the day.

2. Heard Mr.Sanjeev Kumar Singh, learned counsel for the petitioners and Mr.Ganesh Prasad Singh, learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Kadwa P.S.Case No.72 of 2025,FIR dated 06.04.2025 registered for the offences punishable under Section 309(4) of BNS and Section 27 of the Arms Act.

4. The FIR of the occurrence of loot is against unknown.

5. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.60841 of 2025(2) dt.08-09-2025 2/3 implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of the confessional statement of apprehended co-accused persons and all looted articles have been recovered from possession of apprehended co-accused persons and except the confessional statement of apprehended co-accused persons, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence.

6. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

7. Considering the aforesaid facts, petitioner has clean antecedent, petitioner is not named in the FIR and the name of the petitioner has been transpired during investigation on the basis of the confessional statement of apprehended co-accused persons, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 learned C.J.M., Katihar in connection with Kadwa P.S.Case No.72 of 2025, subject to the conditions as laid down under

Patna High Court CR. MISC. No.60841 of 2025(2) dt.08-09-2025 3/3 Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T