The High Court of Judicature at Patna granted bail to the petitioner lodged in custody since July 2017 in a case involving robbery, illegal weapons, and excise offences, directing bonds and sureties.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5902 of 2023
Arising Out of PS. Case No.-412 Year-2017 Thana- NAWADA District- Nawada
======================================================
Gorelal Kewat S/O Late Hari Kewat R/V- Dr. English, P.S.- Giriyak, DistrictNawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Raj Kumar For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 12-09-2023
Heard learned counsel for the petitioner and
learned APP for the State.
The petitioner is languishing in custody in a
case registered for the offences punishable under Sections 399, 402/34 of the Indian Penal Code, Sections 25(1-B) a, 26 of the Arms Act and Section 30(a) of the Bihar Prohibition & Excise Act.
The prosecution case as per F.I.R is that on getting information that some criminals have assembled to commit robbery, raid was led and five persons including the petitioner were arrested. From the possession of the petitioner, one loaded country made
Patna High Court CR. MISC. No.5902 of 2023(3) dt.12-09-2023 2/3
pistol and one live cartridges were recovered.
It is submitted by learned counsel for the
petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and since
the petitioner was carrying criminal antecedent, the police has falsely implicated the petitioner in the present case. The petitioner is languishing in custody since 16.07.2017. Moreover, other similarly situated coaccused has been granted bail by a coordinate Bench of this Court vide order dated 25.08.2017 passed in Cr. Misc. No. 40302 of 2017.
In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount
Patna High Court CR. MISC. No.5902 of 2023(3) dt.12-09-2023 3/3
each to the satisfaction of learned 2nd Additional
Sessions Judge-cum-Special Judge, Nawada in connection with Nawada (Town) P.S. Case No. 412 of 2017.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving offences under Sections 399, 402/34 of IPC, Arms Act and Bihar Prohibition & Excise Act.
3 provisions across 3 enactments
Gorelal Kewat S/O Late Hari Kewat
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
