Shio Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62925 of 2019 Arising Out of PS. Case No.-147 Year-2019 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== 1.
SHIO KEWAT, Son of Late Gurhu Kewat @ Ghurhu Kewat, Resident of Village - Matar, P.S.- Bhagwanpur, Distt - Kaimur at Bhabua. 2.
Om Prakash Kewat @ Loha Kewat, Son of Shiv Kewat, Resident of Village - Matar, P.S.- Bhagwanpur, Distt - Kaimur at Bhabua. 3.
Shyam Sunder Kewat, Son of Ram Krit Kewat, Resident of Village - Matar, P.S.- Bhagwanpur, Distt - Kaimur at Bhabua.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dharmendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are languishing in custody since 31.07.2019 in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code.
It is alleged that in the background of land dispute, the petitioners along with four other accused persons variously armed, abused and assaulted the informant, leading to registration of FIR against seven accused persons, including the petitioners.
It is submitted by learned counsel for the petitioners
Patna High Court CR. MISC. No.62925 of 2019(2) dt.25-10-2019 2/3 that in the background of land dispute, the accusation has been levelled against the petitioners and others. Moreover, the informant received altogether three injuries, out of which, with regard to two injuries, the opinion has been kept reserved. It is further submitted that petitioner no.1 also lodged Bhagwanpur P.S. Case No. 146 of 2019 against the present informant and two others which got registered on 30.07.2019, the same day, i.e. at 05.05 P.M. levelling accusation under Sections 147, 148, 149, 341, 323, 307, 427, 504,506 of the Indian Penal Code and Sections 25(1-B)a, 26, 35 of the Arms Act. It is further submitted that though the petitioners are accused in three other cases apart from the present case, but in those cases they are on bail.
Learned APP for the State submits that the accusation is specific against the petitioners. Considering the accusation being omnibus and general, in the background of land dispute coupled with the fact that for the same occurrence, the petitioners' side has also lodged a case, let the above named petitioners be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Kaimur at Bhabua in connection
Patna High Court CR. MISC. No.62925 of 2019(2) dt.25-10-2019 3/3 with Bhagwanpur P.S. Case No.147 of 2019.
(Dinesh Kumar Singh, J) Ashwini/- U T