Patna High CourtCR. MISC./23938/2024bail granted

Govind Raut v. The State Of Bihar

2024-04-22Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23938 of 2024 Arising Out of PS. Case No.-376 Year-2023 Thana- BAJPATTI District- Sitamarhi ====================================================== Govind Raut Son of Nageshwar Raut R/o Village- Basha @ Basha Pashchimi (West), P.S. Bajpatti, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-04-2024 A certified copy of the charge sheet filed by learned counsel for the petitioner is taken on record.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks regular bail in connection with Bajapatti Police Station Case No. 376 of 2024 registered for the offence under Sections 302 / 34 of IPC.

4. As per the prosecution case, informant's son was murdered by petitioner's conspiracy and his body was found at the door of the informant's house.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to dirty village politics. Petitioner is in custody since 17.12.2023.

Patna High Court CR. MISC. No.23938 of 2024(2) dt.22-04-2024 2/2

6. However, learned APP for the State vehemently opposed the prayer for regular bail.

7. On perusal of the FIR, certified copy of the charge sheet bearing charge sheet No. 45 of 2024 and impugned order dated 28.02.2024, it appears that offence is registered under Section 302 / 34 of IPC and on the written report of the informant FIR was registered against four accused persons including the present petitioner. On perusal of the above charge sheet it appears that after conclusion of the investigation, the Investigating Officer has found the petitioner innocent and not sent up for trial. Accordingly, final report has been submitted before the learned Magistrate.

8. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Pupri Sitamarhi in connection with Bajpatti P.S. Case No. 376 of 2023.

(Ramesh Chand Malviya, J) saurabhkr/- U T