Wakil Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38027 of 2018 Arising Out of PS. Case No.-6 Year-2015 Thana- PANAPUR District- Saran ====================================================== Wakil Raut, S/o Late Sunar Raut, Resident of Village - Brit Bhagwanur, P.S.- Panapur, District- Saran at Chhapra.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Yashraj Bardhan For the Opposite Party/s :

Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-08-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner seeks bail in Panapur P.S. Case No. 06 of 2015 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Informant is the son of the deceased who in his written complaint has stated that on 01.02.2015 his father had gone to look after his field and subsequently he was informed that his dead body is lying there and he went there along with other family members. He suspected the name of Jhagaru and Sunil Kumar Singh in killing of his father due to some dispute. It has been submitted on behalf of the petitioner that petitioner has not been named in the FIR and only suspicion has been raised against him. During investigation the name of the

Patna High Court Cr.Misc. No.38027 of 2018(3) dt.23-08-2018 2/3 petitioner has surfaced on the basis of statement of some witnesses that petitioner had some altercation with his father and except the statement of witnesses, there is no incriminating material against the petitioner. Nothing has been recovered from the possession of the petitioner. Petitioner has got no criminal antecedent and is in custody since 11.04.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Saran at Chapra, in connection with Panapur P.S. Case No. 06 of 2015, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or

Patna High Court Cr.Misc. No.38027 of 2018(3) dt.23-08-2018 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U