Binod Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30912 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -MEHDIGANJ District- PATNA ====================================================== Binod Kewat Son of Tarkeshwar Kewat @ Tara Kewat, Resident of Village- Dal Dali Ganj, P.S.- Mehandiganj, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party. ====================================================== Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner seeks regular bail in connection with Mehandiganj P.S. Case No. 02 of 2017 registered for the alleged offences under Sections 293, 294, 354, 436, 385, 504 and 34 of the Indian Penal Code.
As per the prosecution case, the petitioner along with other accused persons are said to have pasted paper inscribing indecent words against the informant and his family members. It is also alleged that they painted the wall of the informant and his neighbour with bitumen to defame him and malign his prestige. It has been submitted by learned counsel for the petitioner that there is no specific allegation against the petitioner, rather the allegations are general and omnibus in nature. The
Patna High Court Cr.Misc. No.30912 of 2017 (02) dt.06-07-2017 2/2 petitioner has been falsely implicated in this case due to animosity. The offence is said to have committed on 30.12.2016 but the F.I.R. has been lodged on 10.01.2017 i.e. almost after 10 days without assigning any plausible and convincing reason for this inordinate delay. One co-accused, namely, Santosh Kewat @ Santosh Kumar Sahani has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No.30912 of 2017 vide order dated 01.07.2017. He has been languishing in jail custody since 03.03.2017.
In the facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City in connection with Mehandiganj P.S. Case No.02 of 2017.
(Prakash Chandra Jaiswal, J.) Trivedi/- U T