Manoj Raut And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.26972 of 2016 (4) dt.30-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26972 of 2016 Arising Out of PS.Case No. -561 Year- 2015 Thana -BANKA District- BANKA ======================================================

1. Manoj Raut, S/o Raju Raut,

2. Upendra Raut, S/o Shridhar Raut, both resident of village- Kakna, P.S.- Banka, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 147, 148, 149, 447, 341, 323, 384, 307, 379 and 506 of the I.P.C. and Section 27 of the Arms Act. The prosecution story, in brief, is that the informant is driver of Truck No. WB-73A-7604. On 6.9.2015 at about 11.30 P.M. he along with his cleaner reached with his truck near Balu Ghat of Chandan river, suddenly about 8.10 persons who were variously armed, came and started abusing. They also demanded rupees one lac as rangdari from contractor Mantu Yadav and when he refused to pay, they snatched Rs.5000/- from him and they started demanding rangdari from truck driver and cleaner and they refused to pay they assaulted them. Thereafter one of the culprits

Patna High Court Cr.Misc. No.26972 of 2016 (4) dt.30-08-2016 fired on the cleaner with intention to kill him and on hearing the sound of firing the people started fleeing hither and thither. Then the injured cleaner was taken to Banka Hospital for treatment. It has been submitted on behalf of the petitioners that the petitioners are in custody since 9.3.2016 and the charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. No specific allegation has been made against the petitioners. General and omnibus allegation has been made against the petitioners. On behalf of the State, it is submitted that the petitioners ares named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. case No.561 of 2015.

(Sudhir Singh, J) Narendra/- U T