← Library
Patna High CourtCR. MISC./71084/2022allowed

Vijendra Kewat @ Bijendra Kevat v. The State Of Bihar

2023-02-28Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71084 of 2022 Arising Out of PS. Case No.-158 Year-2017 Thana- FATEHPUR District- Gaya ====================================================== Vijendra Kewat @ Bijendra Kevat S/O Late Chando Kewat R/O VillageBhadaul, P.S- Hilsa, District- Nalanda At Presents Doctor English, P.SGiriyak, District- Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ujjawal Kumar Singh For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code. The prosecution case in nutshell is that while the informant and others were returning to their house by Bus, 3-4 unknown persons, near Bagother More, stopped the Bus and looted away about Rs. 25,000/- to 30,000/-. The accused persons have wrapped their mouth hence the informant did not identify any of them.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.71084 of 2022(2) dt.28-02-2023 2/3 that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner was apprehended from the spot nor anything incriminating has been recovered from his possession. The name of the petitioner sprang up in this case on the confessional statement of co-accused person. Moreover, the petitioner is languishing in judicial custody since 25.7.2022. Similarly situated co-accused person has been granted Bail vide order dated 14.02.2020, passed in Cr. Misc. No. 8701 of 2020 by the co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Fatehpur P.S. Case No. 158 of 2017 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial

Patna High Court CR. MISC. No.71084 of 2022(2) dt.28-02-2023 3/3 Magistrate X, Gaya.

(Sunil Kumar Panwar, J) nirajkrs/- U T