Nandu Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67213 of 2019 Arising Out of PS. Case No.-146 Year-2019 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== 1.

Nandu Kewat, aged about 50 years(Male), Son of Late Sahdev Kewat Resident of Village - Bhera, P.S.- Durgawati, District- Kaimur. 2.

Ajit Sharma, aged about 22 years, Male, Son of Ramasray Sharma Resident of Village - Belawar Kala, P.S.- Jamaniya, District- Gajipur(Uttar Pradesh). ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Rajeev Ranjan, Advocate.

For the Opposite Party :

Mrs.Shaheen Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case for the offence registered under Sections 147, 148, 149, 341, 323, 307, 427, 504, 506 of the IPC and 25(1-b)a, 26 and 27 of the Arms Act. The prosecution story, in brief, is that while the informant was working in the agricultural field at that time the above named accused petitioners alongwith other unknown persons came upon the place and forcibly started driving a tractor in the field. When the informant objected then the accused persons started firing on him. On hearing the noise, his son and other villagers started approaching the spot but the

Patna High Court CR. MISC. No.67213 of 2019(2) dt.22-10-2019 2/3 accused persons continued to firing from their weapons. In the meantime, on information, the police also reached the spot and apprehended the accused persons. Further from the two wheeler of the accused petitioner Nandu Kewat, a country made pistol and eight live cartridges were recovered.

It has been submitted by learned counsel for the petitioners that the petitioners are languishing in custody since 31.07.2019. The petitioner no. 2 has got no criminal antecedent. The petitioners have falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. One pistol and eight live cartridges is said to have been recovered from petitioner no. 1 Nandu Kewat. There is no injury report on the record to support the allegation made in the F.I.R. The manner of occurrence cannot be ascertained in absence of the injury report.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.67213 of 2019(2) dt.22-10-2019 3/3 A.C.J.M.-V, Kaimur at Bhabua, in connection with Bhagwanpur P.S. Case No. 146 of 2019.

(Sudhir Singh, J) U.K./- U T