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Patna High CourtCR. MISC./29898/2023bail granted

Subodh Kumar Raut @ Subodh Raut @ Subodh Kumar v. The State Of Bihar

2023-06-21Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29898 of 2023 Arising Out of PS. Case No.-51 Year-2021 Thana- MADHWAPUR District- Madhubani ====================================================== SUBODH KUMAR RAUT @ SUBODH RAUT @ SUBODH KUMAR son of late Tej Narayan Raut Village- Sursand ward no-7, Ps- Sursand DistSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-06-2023 Heard the parties.

The petitioner has 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, Shreajul Rayeen.

As per the FIR, the informant has alleged that one person asked him to open the door but when the door was opened, he saw 6-7 persons 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 in the house and they straightway demanded money from his son. It is further alleged that accused persons finally decamped

Patna High Court CR. MISC. No.29898 of 2023(3) dt.21-06-2023 2/3 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.

As per the report dated 10.05.2023, the case has been committed to the Court of sessions on 08.05.2023. Considering the fact that the petitioner is in custody since 14.07.2020 (paragraph 16 of the bail petition) i.e. almost three years and there is delay in conclusion of trial, this Court is inclined to grant him the privilege of bail with conditions. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, 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 petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.29898 of 2023(3) dt.21-06-2023 3/3 police station every fortnight for next six months to mark attendance;

(iv) the petitioner 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 his bail bonds;

(v) the petitioner 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/kiran/- U T