Shankar Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33649 of 2022 Arising Out of PS. Case No.-45 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== SHANKAR RAUT SON OF BHIKHU RAUT RESIDENT OF VILLAGEBAJITPUR, P.S.- BAJPATTI, DISTRICT- SITAMARHI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-09-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under section 341, 323, 427, 436, 504/34 of the Indian Penal Code.

Allegedly, during the course of altercation due to land dispute between the informant and the petitioner, one Pappu Raut abused and assaulted the informant and her husband. It is also alleged that Pappu Raut put the house of the informant on fire. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the

Patna High Court CR. MISC. No.33649 of 2022(2) dt.22-09-2022 2/2 manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. There is an admitted land dispute between the parties. The specific allegation is upon co-accused Pappu Raut to assault the informant and her husband. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioner, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Bajpatti P.S. Case No.45 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T