Pramod Rout @ Pramod Raut @ Pramod Kumar @ Perma Rout @ Prmod Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27767 of 2023 Arising Out of PS. Case No.-51 Year-2021 Thana- MADHWAPUR District- Madhubani ====================================================== 1.
PRAMOD ROUT @ PRAMOD RAUT @ PRAMOD KUMAR @ PERMA ROUT @ PRMOD RAUT S/O LATE MAHESH RAUT R/O VillageSursand Ward No. 7, P.S- Sursand, Distt.- Sitamarhi (Bihar). 2.
Ravi Raut @ Ravi Kumar Raut S/O Ganesh Raut R/O Village- Sursand Ward No. 7, P.S- Sursand, Distt.- Sitamarhi (Bihar). ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shankar Kumar, Advocate For the Opposite Party/s :
Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-06-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have been arrested in connection with Madhwapur P.S. Case No. 51 of 2021 under Sections 395 and 397 of the Indian Penal Code lodged on 20.04.2021 by the informant, Sherajul Raean.
As per the FIR, the informant has alleged that one person asked him to open the door and when he opened the door, he saw 6-7 persons were standing who started beating him. It is further alleged that they forcibly made his son to open the room whereafter he was also attacked on his head. The accused persons had complete knowledge of the presence of Rs. 20 lakhs
Patna High Court CR. MISC. No.27767 of 2023(3) dt.28-06-2023 2/3 in the house and they straightway demanded money from his son. It is further alleged that accused persons finally decamped with the ornaments and Rs. 6 lakhs of Nepali currency by injuring some other family members including throwing bombs before they left the place of occurrence.
Earlier prayer for bail of the petitioner was rejected vide order dated 15.07.2022 passed in Cr. Misc. No. 16890 of 2022.
Considering the fact that the petitioner is in custody since 23.07.2021 (as stated in paragraph-8 of the bail application), this Court is inclined to grant them privilege of bail.
Let the petitioners be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bennipatti at Madhubani in connection with Madhwapur P.S. Case No. 51 of 2021, subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date
Patna High Court CR. MISC. No.27767 of 2023(3) dt.28-06-2023 3/3 before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of their bail bonds;
(v) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/KiranU T