Santosh Raut @ Santosh Rawat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35540 of 2020 Arising Out of PS. Case No.-73 Year-2020 Thana- GUTHANI District- Siwan ====================================================== Santosh Raut @ Santosh Rawat son of Bikau Raut resident of village- Baluan, P.S.- Guthani, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Smt. Sangita Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Guthani P.S. Case No. 73 of 2020, registered for the offence under Sections 147, 148, 149, 341, 323, 324, 325, 354, 379, 504, 506 of the Indian Penal Code.

As per the prosecution case, this petitioner assaulted brother of the informant namely Shamshad with lathi causing fracture injury in his hand.

It is submitted on behalf of petitioner that there is case and counter case and instant case is counter blast of Guthani P.S. Case No. 72 of 2020 filed by the petitioner on 03-04-2020. Both sides sustained injury. There is land dispute between the parties and petitioner is in custody since 31-08-2020, having no

Patna High Court CR. MISC. No.35540 of 2020(2) dt.22-12-2020 2/2 criminal antecedent, as stated in paragraph - 3 of the petition. Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Guthani P.S. Case No. 73 of 2020 on the following conditions:

"(1) Petitioner shall cooperate 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.

(2) 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.".

(Prabhat Kumar Singh, J.) anay/- U T