Ajay Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40297 of 2020 Arising Out of PS. Case No.-69 Year-2020 Thana- CHORAUT District- Sitamarhi ====================================================== AJAY RAUT, Son of Ratan Raut Resident of Village- Basotara, P.S.- Choraut, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :
Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-03-2021 Heard Mr. Pushpendra Kumar Singh, learned Counsel for the petitioner and Ms Gulnar Begum, learned Additional Public Prosecutor for the State.
This application, for grant of regular bail, arises out of Choraut Police Station Case No. 69 of 2020, disclosing offences under Sections 147, 148, 149, 341, 323, 307, 353, 354(B), 332, 333, 337, 338, 427, 504, 506 of the Indian Penal Code and Section 3⁄4 of the Prevention to Damage to Public Property Act, 1984.
The allegation, as per the First Information Report is that the petitioner along with 14 named accused persons and 150 unknown persons surrounded the police vehicle and started pelting stone and one of the co-accused, Mangnu Kumar, fired upon the police party, due to which one of the police personnel
Patna High Court CR. MISC. No.40297 of 2020(2) dt.01-03-2021 2/3 received injury.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to village politics. Learned counsel next submits that the petitioner has got no criminal antecedent and co-accused, Mangnu Kumar, had lodged FIR bearing Choraut P.S. Case No. 66 of 2020 in which police released the accused persons without any authority and due to which there was resentment amongst the villagers, and Mangnu Kumar. Learned counsel next submits that the petitioner is in custody since 21.08.2020 and the chargeshee has already been submitted against the petitioner and there is no likelihood that the petitioner will abscond or tamper with the evidence.
Having regard to the submissions made by the parties and taking into consideration the materials on record and the nature of allegation and the fact that petitioner is in custody since 21.08.2020 having no criminal antecedent and the chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, Ajay Raut, be released
Patna High Court CR. MISC. No.40297 of 2020(2) dt.01-03-2021 3/3 on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi, in connection with Choraut Police Station Case No. 69 of 2020. (Anil Kumar Sinha, J) sanjeev/- U T