Sunil Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25204 of 2021 Arising Out of PS. Case No.-309 Year-2020 Thana- NOORSARAI District- Nalanda ====================================================== 1.

SUNIL RAUT S/O SHRI RAM BHAJJU RAUT R/o village- Shepur, P.S.- Noorsarai, District- Nalanda 2.

KUSHI MISTRI S/O JAGAN MISTRI Resident of Daruara, VillageSherpur, P.S.- Noorsarai, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Ravish For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Noorsarai P.S. Case no. 309 of 2020 instituted for the offence punishable under Sections 147, 149, 341, 323, 379, 325 and 307 of the Indian Penal Code.

As per allegation in the FIR, informant and his cousin both have visited to his sister's place and in course of returning, while they reached near Kali Asthan, both were intercepted by six named accused persons including the petitioner. They all started assaulting to the informant and his cousin by means of lathi, danda and irod rod resulting into fracture of the left hand of cousin brother of the informant. They also snatched an

Patna High Court CR. MISC. No.25204 of 2021(4) dt.23-03-2022 2/3 amount of Rs. 10,000/- and a mobile from the pocket of the informant and assaulted him on his neck and fled away. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. There is no specific allegation that who has assaulted to whom. General and omnibus allegations have been levelled against them. After prevailing good sense between both the parties, the matter has been settled down outside the Court. In support of compromise, a joint compromise petition is annexed as Annexure-P/2 to the supplementary affidavit.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Noorsarai P.S. Case no. 309 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Biharsharif,

Patna High Court CR. MISC. No.25204 of 2021(4) dt.23-03-2022 3/3 Nalanda subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U