Dilip Rawat @ Dilip Raut And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18590 of 2017 Arising Out of PS.Case No. -276 Year- 2016 Thana -WARSALIGANJ District- NAWADA ======================================================
1. Dilip Rawat @ Dilip Raut, son of Sita Ram Rauat @ Sita Ram Rawat,
2. Pappu Mahto @ Manoj Mahto, Son of Binda Mahto,
3. Rakesh Kumar, Son of Mohan Mahto, All resident of VillageChandipur, P.S.- Warisaliganj, District- Nawada (Bihar).
4. Munna Mahto, Son of Mithilesh Mahto, Resident of Village- Mahaut, P.S.- Kasar, District- Sheikhpura (Bihar).
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2017 Heard the parties.
The petitioners seek regular bail in connection with Warisaliganj P.S.Case No.276 of 2016 registered for offences punishable under Sections 448, 452, 341, 323 and 34 of the Indian Penal Code.
It is submitted on behalf of the petitioners that the allegation against the petitioners is of assault and snatching one golden earring. He is in custody for about two months. Heard learned A.P.P. also, who has opposed the prayer for bail.
Having heard both sides and from perusal of the F.I.R., it
Patna High Court Cr.Misc. No.18590 of 2017 (3) dt.26-04-2017 2/3 appears that there is general and omnibus allegation against the petitioners and no doubt, there is also allegation of snatching of ear-ring but from the F.I.R. itself, it appears that an occurrence took place while Panchayati for partition was going in. Considering the aforesaid aspect of the matter and also considering the fact that the petitioners are in custody for about two months, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M.-IInd, Nawada in connection with Warisaliganj P.S.Case No.276 of 2016 dated 19.11.2016.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/-
Patna High Court Cr.Misc. No.18590 of 2017 (3) dt.26-04-2017 3/3 U