Suresh Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44334 of 2021 Arising Out of PS. Case No.-43 Year-2021 Thana- CHANDAUTI District- Gaya ====================================================== 1.

SURESH RAUT S/o Late Gopal Raut R/o village- Keshru Dharampur, P.S.- Chandauti, District- Gaya.

2.

Ashok Raut @ Ashok S/o Suresh Raut R/o village- Keshru Dharampur, P.S.- Chandauti, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Sanjeev Kumar, Advocate For the State :

Mr. Sanjay Kumar Tiwary, APP For the Informant :

Mr. Praveen Kumar Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-04-2022 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application in respect of petitioner no.1, namely, Suresh Raut as he has already been arrested by the police.

Permission is granted.

Accordingly, this anticipatory bail application is dismissed as withdrawn so far as petitioner no.1 is concerned. Now, this anticipatory bail application survives only against petitioner no.2, Ashok Raut @ Ashok.

Heard learned Counsel for the petitioner, learned APP for the State as well as learned counsel appearing on behalf of the informant.

Petitioner no.2 apprehends his arrest in Chandauti P.S.

Patna High Court CR. MISC. No.44334 of 2021(2) dt.15-04-2022 2/2 Case No.43 of 2021, registered for the offences punishable under Sections 341, 323, 379, 307, 504, 506 and 34 of the Indian Penal Code.

Petitioner No.2, Ashok Raut is said to have assaulted the brother of the informant in his eye by means of brick. He also took away Rs.1,30,000/- from the pocket of the brother of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner. It is further submitted that the petitioner has got no criminal antecedent as stated in paragraph 3 of the bail application. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail of the petitioner and submitted that the injury is grievous in nature. Taking into consideration the facts aforesaid, I am not inclined to enlarge petitioner no.2, namely, Ashok Raut @ Ashok on anticipatory bail. Accordingly, the prayer for anticipatory bail of petitioner no.2 is rejected.

(Anjani Kumar Sharan, J.) Sanjay/- U T