Sanjay Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24301 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- PANJWARA District- Banka ====================================================== 1.

Sanjay Raut, Son of Govind Raut, Resident of Village - Sivnagar, P.S.- Panjwara, Distt.- Banka.

2.

Manoj Raut, Son of Govind Raut, Resident of Village - Sivnagar, P.S.- Panjwara, Distt.- Banka.

3.

Congress Raut, Son of Govind Raut, Resident of Village - Sivnagar, P.S.- Panjwara, Distt.- Banka.

4.

Dilip Raut, Son of Govind Raut, Resident of Village - Sivnagar, P.S.- Panjwara, Distt.- Banka.

5.

Sovindra Raut, Son of Late Paltan Raut, Resident of Village - Sivnagar, P.S.- Panjwara, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar, Advocate.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-07-2019 Learned counsel for the petitioners submits that petitioner no. 1, Sanjay Raut, has been arrested by the police, so he seeks permission to withdraw this application in respect to petitioner no. 1.

Permission is accorded.

Accordingly, this application is dismissed as withdrawn in respect to petitioner no. 1, Sanjay Raut. Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Patna High Court CR. MISC. No.24301 of 2019(2) dt.08-07-2019 2/3 The petitioner nos. 2, 3, 4 and 5 apprehend their arrest in connection with Panjwara P.S. Case No. 11 of 2019, registered under Sections 323, 325, 307, 379, 354, 504 and 506/34 of the Indian Penal Code.

The accusation is that, on 23.01.2019, at about 10 P.M., Pankaj Raut, Sulenda Raut and Dhananjay Raut came at the house of the informant, Manmohan Raut, and started to abuse. When he made protest then aforesaid three persons started to assault through lathi causing injury at his hand. When his wife came to save him then they caught her heir and assaulted. On raising alarm, his brothers, Promod Raut, Prahalad Raut and Niranjan Raut, came there then Sanjay Raut (petitioner no.1), Manoj Raut (petitioner no.2), Congress Raut (petitioner no.3), Dilip Raut (petitioner no.4), Sovindra Raut (petitioner no.5) having iron rod in their hands came there and caused injury at their head through iron rod. In the meantime, Pankaj Raut took cash of Rs.20,000/- from the box of the informant. Learned counsel for the petitioner nos. 2, 3, 4 and 5 submits that, in fact, there is general and omnibus allegation against the petitioners to cause injury to the informant and his three brothers but no specific overt act has been attributed against them. Further submission is that petitioners have no

Patna High Court CR. MISC. No.24301 of 2019(2) dt.08-07-2019 3/3 criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner nos. 2, 3, 4 and 5 be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Banka, in connection with Panjwara P.S. Case No. 11 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T