Balo Raut @ Balmiki Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25778 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== 1.
Balo Raut @ Balmiki Raut son of LATE BANKE RAUT Resident of Village- Balwapar, P.S.- Warisaliganj, District- Nawada 2.
Sakendra Raut @ Satendra Raut SON OF LATE KAPIL RAUT Resident of Village- Balwapar, P.S. Warisaliganj, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Man Mohan Kumar, Adv.
For the Opposite Party/s :
Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-05-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Warisaliganj P.S. Case No. 28 of 2024 dated 14.01.2024 registered for the offences punishable u/ss 147, 148, 149, 323, 324, 337, 338, 307 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioners and the coaccused persons armed with rifle, gun, pistol started indiscriminate firing on the informant. In the meantime, the co-accused, Malakh Raut holding pistol was firing which hit below his right eyes. The coaccused persons holding lathi-danda came and abused and threatened to kill if the case was lodged.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.25778 of 2024(3) dt.03-05-2024 2/2 case. There is general and omnibus allegation against the petitioners. The name of the petitioners has sprung up in the confessional statement of the co-accused. Nothing has been recovered from the conscious possession of the petitioners. The co-accused persons have already been granted anticipatory bail by this court vide order dated 22.04.2024 passed in Cr. Misc. No. 21868 of 2024. The petitioners have one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 24.02.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Warisaliganj P.S. Case No. 28 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T