Patna High CourtCR. MISC./49200/2024bail rejected

Nathuni Raut @ Raghvendra Kumar v. The State Of Bihar

2024-10-01Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49200 of 2024 Arising Out of PS. Case No.-254 Year-2023 Thana- BELA District- Sitamarhi ====================================================== Nathuni Raut @ Raghvendra Kumar Son Of Lal Babu Raut R/O- VillageBela Khurd, P.S.- Bela, Distt.- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 56276 of 2024 Arising Out of PS. Case No.-254 Year-2023 Thana- BELA District- Sitamarhi ====================================================== Dilip Raut son of Late Satrughan Raut R/o Village- Bela Khurd, Ps- Bela, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 49200 of 2024) For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma (In CRIMINAL MISCELLANEOUS No. 56276 of 2024) For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-10-2024 Heard learned counsel for the petitioners, learned A.P.P for the State of both cases and learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for offence under Sections 302/34 of the Indian Penal Code.

3. As per prosecution case, on 15.11.2023, the petitioners made scuffle with father of informant at Bela Bus

Patna High Court CR. MISC. No.49200 of 2024(3) dt.01-10-2024 2/2 Stand and thereafter, assaulted with iron rod, as a result of which, father of informant died.

4. Learned counsel for the petitioners submits that informant is not eye-witness to the occurrence and only on suspicion, petitioners have been made accused. As a matter of fact, the deceased had consumed illicit liquor and as such, he fell down from the bus and died, but due to enmity, the informant has dragged these petitioners in this case. Petitioners claim clean antecedent.

5. However, learned counsel for the informant vehemently opposes the prayer for anticipatory bail and submits that petitioners are named in the F.I.R. with specific accusation that they assaulted father of the informant with iron rod, as a result of which, father of informant died. Witnesses have supported the prosecution case. Post-mortem report also suggests that deceased died due to head injury, caused by hard & blunt substance.

6. Considering the aforesaid facts and circumstances, the prayer for anticipatory bail of petitioners is rejected. (Prabhat Kumar Singh, J) anay U T