Umesh Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74044 of 2023 Arising Out of PS. Case No.-176 Year-2006 Thana- SILAO District- Nalanda ====================================================== Umesh Kewat, Son Of Late Chotte Kewat, Resident Of Village - Kanku Bigha, P.S. - Ben, District - Nalanda ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Samir Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Silao P.S. Case No. 176 of 2006 for the offence registered under Section 395 of the Indian Penal Code.
3. As per the prosecution case, on the date of occurrence when Barat was coming to the house of informant for marriage of his sister, on the way petitioner along with other co-accused persons on the point of gun committed loot of golden chain, 10-12 mobile phones, cash of Rs. 40,000/- and other valuables.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. No looted article has been recovered from possession of
Patna High Court CR. MISC. No.74044 of 2023(3) dt.12-02-2024 2/2 petitioner. Petitioner has no criminal antecedent. He is in custody since 29.05.2023. Charge has already been framed. There is no chance of tampering with the evidence or absconding of the petitioner. It is further submitted that similarly situated co-accused, namely, Munna Kewat has already been granted bail by a Co-ordinate Bench of this Court, vide order dated 08.07.2020 passed in Cr. Misc. No. 17565 of 2020.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Silao P.S. Case No. 176 of 2006. (Sunil Dutta Mishra, J) rakhi/- U T