Sadanand Rawat @ Sadanand Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33795 of 2025 Arising Out of PS. Case No.-34 Year-2022 Thana- JAMUI District- Jamui ====================================================== Sadanand Rawat @ Sadanand Raut S/O Late Sukhdeo Rawat R/o Vill.- Amba, P.s.- Jamui, Dist.- Jamui. At present R/O Vill.- Sirchand Nawada, P.s.- Jamui, Dist.- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP For the Informant :
Mr. Dinkar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-09-2025 Heard Mr. Y.C. Verma, learned senior counsel for the petitioner, Mr. Dinkar Kumar, learned counsel appearing on behalf of the informant as well as Mr. Anil Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 19.12.2024 in connection with Jamui P.S. Case No. 34 of 2022, F.I.R. dated 30.01.2022 for the offences punishable under Sections 341, 323, 324, 325, 326, 307, 506, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. According to prosecution case, all the accused persons including this petitioner armed with pistol surrounded the informant and fired upon him causing injury in his right arm.
4. Learned counsel for the petitioner submits that
2/4 petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that the police have submitted charge sheet against the co-accused person, namely, Soni Kumari and not sent up for trial to the petitioner but the learned Court below in a mechanical manner has taken cognizance against the petitioner on 12.05.2023. He further submits that from perusal of the F.I.R it appears that the date of occurrence is 28.01.2022 but the present F.I.R has been lodged on 30.01.2022 and in fact, the petitioner was in judicial custody since 24.01.2022 in RPF/HWH/Post Case No. 270 of 2022 and released on 28.01.2022 which suggest that on the date of occurrence the petitioner was not present at the place of occurrence. Apart from that the police after investigation submitted the final form in favour of the petitioner. The petitioner is in custody since 19.12.2024.
5. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries seven criminal antecedents other
3/4 than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in four cases, in one case final form has been submitted, in one case he has been acquitted and one case is pending for consideration.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jamui in connection with Jamui P.S. Case No. 34 of 2022, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for
4/4 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T