Suraj Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22082 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -MEHDIGANJ District- PATNA ======================================================

1. Suraj Kewat Son of Chottan Kewat, Resident of Village- Daldaliganj, P.S.- Mehandiganj, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jay Ram Prasad For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Mehandiganj P.S. Case No. 05 of 2017 instituted for the offence under Sections-307, 379, 385 & other minor sections of the Indian Penal Code. It is alleged in the written report that this petitioner along with Chhotan Kewat assaulted the informant with Hockey and Danda causing head injury to him. It is further alleged that thereafter, other accused persons namely, Vinod Kewat, Pintoo Kewat and Anish Kewat also assaulted the informant with Hockey, Danda and bricks. It is further alleged that Chhotan Kewat assaulted the informant with brick on his head causing head injury and Pintoo Kewat took out Rs. 2,000/- from pocket of the informant.

Patna High Court Cr.Misc. No.22082 of 2017 (3) dt.12-07-2017 2/3 Supplementary affidavit has been filed on behalf of the petitioner enclosing final order passed in CWJC No. 2264 of 2017 by Division Bench of this court by order dated 15-05-2017 wherein the Division Bench of this court has observed that accused persons who have been arrested or have surrendered may file appropriate application for bail before the competent court which is entitled, under law, to grant them anticipatory or regular bail or file application before the same court which had granted bail and where the process for cancellation of bail is now to be initiated in accordance with the directions issued by this court.

From the allegation in the written report, it appears that the petitioner along with co-accused Chhotan Kewat and other coaccused is alleged to have assaulted the informant on his head. Zerox copy of the injury report has been produced by the petitioner during course of hearing this bail petition wherein bruise on the head of the informant was found. The doctor opined the injury to be caused by hard and blunt substance. The petitioner is said to be in custody since 29-02-2017.

In such circumstances, the prayer for bail is allowed and the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection

Patna High Court Cr.Misc. No.22082 of 2017 (3) dt.12-07-2017 3/3 with Mehandiganj P.S. Case No. 05 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City subject to condition that both the bailors should be close relatives of the petitioner.

(Sanjay Priya, J) A.K.V./- U T