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Patna High Court - Orders

Kunal Kewat & Ors vs The State Of Bihar on 4 August, 2014

Author: Akhilesh Chandra

Bench: Akhilesh Chandra

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.10895 of 2014
                       Arising Out of PS.Case No. -130 Year- 2012 Thana -PANDARAK District- PATNA
                 ======================================================
                 1. Kunal Kewat
                 2. Guddu Kewat
                 3. Abadh Kewat
                    All sons of Kailu Kewat
                                                                    .... .... Petitioner/s
                                               Versus
                 The State of Bihar
                                                               .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :  Mr. Bhim Sen Prasad, Advocate
                 For the Opposite Party/s   : Mr. Vinod Shankar Modi, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
                 ORAL ORDER

4   04-08-2014

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary.

All the three petitioners are apprehending their arrest in connection with a case registered for the offence punishable under Sections 341, 323, 337, 354 and 511/34 of the Indian Penal Code and later on Sections 147, 325, 456 and 376 of the Indian Penal Code were also added. The petitioners are named accused in this case of assault in retaliation of complain against conduct of non-petitioner, Bipin Kewat (full brother of the petitioners) and one Jito Kewat.

Submission is of false implication with ulterior motive due to land dispute and the alleged injuries sustained are simple in nature. Further, none of these three petitioners carry any criminal antecedent.

If it is so, considering the facts and circumstances of the case, in the event of their arrest or surrender before the court below within four Patna High Court Cr.Misc. No.10895 of 2014 (4) dt.04-08-2014 2/2 weeks, let the petitioners abovenamed be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh (Patna), in connection with Pandarak P.S. Case No. 130 of 2012, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.

(Akhilesh Chandra, J) Praveen-II/-

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