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Patna High CourtCR. MISC./16849/2025allowed

Brij Kishore Raut v. The State Of Bihar

2025-03-19Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16849 of 2025 Arising Out of PS. Case No.-213 Year-2024 Thana- PANAPUR District- Saran ====================================================== Brij Kishore Raut Son of Dharam Nath Raut Resident of village and Post -Dhenuki Police station -Panapur District -Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar, Adv.

For the Informant Mr. Anil Kumar Maharaj, Adv.

Mr. Rana Ishwar Chandra, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2025 Heard Mr. Subhash Kumar, learned counsel for the petitioner, Mr. Dilip Kumar No. 1, learned APP for the State and Mr. Anil Kumar Maharaj, learned counsel for the informant.

2. The petitioner seeks bail in connection with Panapur P.S. Case No. 213 of 2024 registered for the offences punishable u/s 115, 118(1), 117, 109, 103(1), 352, 3(5) of the B.N.S., 2023.

3. As per prosecution case, the allegation against the accused persons including the petitioner is that they assaulted the informant and her husband brutally by means of deadly weapons due to which the informant's husband sustained injury and died in course of treatment.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has

Patna High Court CR. MISC. No.16849 of 2025(2) dt.19-03-2025 2/3 falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. Nothing specific has been attributed against him. Both the parties are agnates and there is admitted land dispute between them. During the course of investigation, no any corroborating material has been found against the petitioner. He further submitted that the charge has been framed against the petitioner. Learned counsel further submitted that petitioner has no criminal antecedent and he has been languishing in custody since 26.10.2024.

5. Learned APP for the State as well as learned counsel for the informant oppose the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Panapur P.S. Case No. 213 of 2024, subject to the conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (II) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

Patna High Court CR. MISC. No.16849 of 2025(2) dt.19-03-2025 3/3 (III) The petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (IV) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (V) The petitioner will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (Anjani Kumar Sharan, J) devendra/- U T