Muneshwar Kewat @ Muneshwar Kamat Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Muneshwar Kewat @ Muneshwar Kamat Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Both petitioners enlarged on regular bail in connection with Azamnagar P.S. Case No. 101 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Katihar.

Issue for consideration

Whether the petitioners should be enlarged on regular bail in connection with Azamnagar P.S. Case No. 101 of 2024, registered for offences punishable under sections 25 (1b) a, 26 and 35 of the Indian Penal Code.

Court's answer

Considering the aforesaid facts and circumstances of the case, the court was inclined to enlarge the petitioners on bail.

Ratio / Principle

The petitioners were directed to be released on bail in connection with Azamnagar P.S. Case No. 101 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Katihar.

Detailed headnote1 paragraphs

REGULAR BAIL GRANTED — Joint bail pleas (Cr. Misc. Nos. 66372 and 66409 of 2024, Patna High Court) by Zakir Hussain @ Md. Jakir and Muneshwar Kewat @ Muneshwar Kamat, arrested in connection with Azamnagar P.S. Case No. 101 of 2024 (District Katihar), registered for offences punishable under sections 25 (1b) a, 26 and 35 of the Indian Penal Code as printed in the judgment. Prosecution version: one loaded country-made pistol recovered from a maize field on the petitioners' self-statement, following which the FIR was lodged. Counsel submitted that the petitioners were innocent and falsely implicated, that nothing was recovered from their physical possession, that similarly placed accused Md. Akil @ Sekh Ali had already been granted bail (order dated 02.09.2024 in Cr. Misc. No. 69929 of 2024), and that the petitioners were in judicial custody since 20.04.2024; the APP opposed the prayer. Considering the facts and circumstances, the court enlarged both petitioners on bail on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Katihar. — Ashok Kumar Pandey, J.; oral order dated 22-11-2024.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66372 of 2024

Arising Out of PS. Case No.-101 Year-2024 Thana- AAJAM NAGAR District- Katihar

====================================================== Zakir Hussain @ Md. Jakir Son of Nijamuddin Resident of Rampur Milik, P.S. - K. Nagar, District - Purnia

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

with

CRIMINAL MISCELLANEOUS No. 66409 of 2024

Arising Out of PS. Case No.-101 Year-2024 Thana- AAJAM NAGAR District- Katihar

====================================================== Muneshwar Kewat @ Muneshwar Kamat Son of Jamun Kewat Resident of Dokhra, P.S. - Kadwa, District – Katihar . ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 66372 of 2024) For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr.Choubey Jawahar, APP (In CRIMINAL MISCELLANEOUS No. 66409 of 2024) For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. B.N. Pandey, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

3 22-11-2024

Heard learned counsel for the petitioners and

learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 25 (1b) a, 26 and 35 of the Indian Penal Code.

The case of the prosecution is that on the selfstatement of these petitioners, one loaded country made pistol was recovered from the maize field. Accordingly, the FIR.

Patna High Court CR. MISC. No.66372 of 2024(3) dt.22-11-2024 2/2

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in connection with the present case. It is further submitted that nothing has been recovered from the physical possession of the petitioners. Further submission is that similarly placed accused namely, Md. Akil @ Sekh Ali has been extended the privilege of bail vide order dated 02.09.2024 passed in Cr. Misc. No. 69929 of 2024 by this Court. Moreover, the petitioners are languishing in judicial custody since 20.04.2024.

Learned APP appearing for the state has opposed the prayer of regular bail.

Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Azamnagar P.S. Case No. 101 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar.

(Ashok Kumar Pandey, J)

Jagdish/-

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