Vijay Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51858 of 2018 Arising Out of PS.Case No. -295 Year- 2018 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Vijay Kewat Son of Etwari Kewat Resident of Village Arpa, P.S. Hilsa, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-10-2018 The petitioner is in custody since 13.06.2018 in connection with Hilsa P.S. Case No. 295 of 2018, registered for offences punishable under Sections 302/201/34 of the Indian Penal Code.

Prosecution story as per F.I.R. is that a dead-body was found having some injuries and it appears that somebody has killed him and disposed of by throwing the dead body. Earlier, petitioner is not named in the F.I.R., later on his name added in the F.I.R.

Submission of learned counsel for the petitioner is that there is confessional statement of Devendra Nath Dwivedi and Vikas Kumar, in which they have accepted their guilt and there is recovery of clutch wire used to strangulate the deceased and cloth

Patna High Court Cr.Misc. No.51858 of 2018 (3) dt.31-10-2018 2/3 of the deceased from his house. However, so far petitioner is concerned, on suspicion he is arrested on the basis that a different Sim Card was used in the mobile of the petitioner from which he has talked with the deceased earlier, except this there is absolutely nothing against the petitioner and he is in custody for about 4 months and charge-sheet has already been submitted in this case. Heard learned A.P.P. also.

Having heard both sides and considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Hilsa (Nalanda), in connection with Hilsa P.S. Case No. 295 of 2018, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself

Patna High Court Cr.Misc. No.51858 of 2018 (3) dt.31-10-2018 3/3 available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T