Laxman Raut @ Gogal Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78294 of 2018 Arising Out of PS. Case No.-6 Year-2015 Thana- PANAPUR District- Saran ====================================================== Laxman Raut @ Gogal Raut s/o- Late Algu Raut, Resident of Village- Birt Bhagwanpur, P.S.- Panapur, District- Saran at Chhapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Panapur P.S. Case No.06 of 2015 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

Informant has alleged that three and four days before his deceased father had gone to see the wheat crop and he had scuffle with Jhagaru who threatened his father and he received information on 01.02.2015 that dead body of his father is lying in the field an on seeing him it was found that blood was oozing from his mouth and there is injury on his head. He suspect that his father has been killed by 3-4 persons and has named Sunil Kumar Singh and 2-3 others in his FIR. Name of petitioner has came during investigation in which one witness has stated that there was some altercation between the petitioner and his father

Patna High Court Cr.Misc. No.78294 of 2018(2) dt.17-01-2019 2/3 and suspicion has been raised that he might have committed the crime except suspicion there is nothing against the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Similarly, situated co-accused person has been granted bail by this Court vide order dated 23.08.2018 in Criminal Miscellaneous No. 38027.2018. Petitioner has got no criminal antecedent and is in custody since 13.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Saran at Chhapra, in connection with Panapur P.S. Case No.06 of 2015, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or

Patna High Court Cr.Misc. No.78294 of 2018(2) dt.17-01-2019 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/manojU T