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Patna High CourtCR. MISC./15961/2024bail granted

Moti Raut v. The State Of Bihar

2024-03-14Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15961 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

Moti Raut S/o Dhannu Raut Resident of Village- Balwapar, P.S.- Warisaliganj, District- Nawada 2.

Baua Kumar @ Devendra Kumar S/o Dhannu Raut Resident of VillageBalwapar, P.S.- Warisaliganj, District- Nawada 3.

Rajendra Raut @ Rajendra Kumar S/o Dhannu Raut Resident of VillageBalwapar, P.S.- Warisaliganj, District- Nawada 4.

Jayram Raut @ Jayram Kumar Ray @ Jayram Prasad Ray S/o Anup Raut @ Anup Prasad Ray @ Motari Resident of Village- Balwapar, P.S.- Warisaliganj, District- Nawada 5.

Bipin Raut @ Bipin Kumar S/o Anup Raut @ Motari Resident of VillageBalwapar, P.S.- Warisaliganj, District- Nawada 6.

Ajit Kumar @ Amit Kumar S/o Yugal Raut Resident of Village- Balwapar, P.S.- Warisaliganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manmohan Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 148, 149, 323, 324, 332, 333, 337, 338, 307, 353 of the Indian Penal Code and Section 27 of the Arms Act

3. As per the prosecution case, on the alleged date and time of occurrence, two communities i.e. Dhanuk and Yadav, in

Patna High Court CR. MISC. No.15961 of 2024(2) dt.14-03-2024 2/3 order to control the business of railway rack, were firing with illegal fire-arms on each other and when the informant alongwith other police personnel arrived at the place of occurrence, they saw that three persons are lying in injured condition on road, thereafter, the injured persons were sent to Primary Health Centre, Warisaliganj in the police vehicle, but in the meantime, both groups started pelting stones and bricks on police party, as a result of which, one of the police personnel sustained injury.

4. It is submitted on behalf of petitioners that F.I.R. has been lodged against 59 named including these petitioners, and 200 unknown persons for pelting stones and making indiscriminate firing. Petitioners are farmers and have got no concern either with the village politics or group rivalries. The allegations are general and omnibus in nature and no specific overt act has been alleged against any of the petitioners. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be

Patna High Court CR. MISC. No.15961 of 2024(2) dt.14-03-2024 3/3 enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Warisaliganj P.S. Case No. 27 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T