Sanjeev Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2628 of 2021 Arising Out of PS. Case No.-67 Year-2019 Thana- BELCHHI District- Patna ====================================================== 1.

SANJEEV RAUT Son of Sudhir Raut @ Sudha @ Sudhir Resident of Village - Bakara, P.S.- Bind, Distt.- Nalanda. 2.

Sudhir Raut @ Sudha @ Sudhir Son of Bhago Raut Resident of Village - Bakara, P.S.- Bind, Distt.- Nalanda.

3.

Bipin Raut Son of Sudhir Raut @ Sudha @ Sudhir Resident of Village - Bakara, P.S.- Bind, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Kashyap, Advocate For the State :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-03-2021 Heard Mr. Ashok Kumar Kashyap, learned counsel for the petitioners and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioners seek regular bail in connection with Belchhi P.S. Case No. 67 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 302 and 504 of the Indian Penal Code 1860.

The allegation against the petitioners as per the First Information Report is that they along with other co-accused persons, altogether 18 in numbers, assaulted the father and

Patna High Court CR. MISC. No.2628 of 2021(2) dt.17-03-2021 2/3 younger brother of the informant, due to which, the younger brother of the informant has died.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to village rivalry and the allegation against them are general and omnibus in nature. Learned counsel further submits that similarly situated co-accused persons Ghanshyam Raut, Rohit Kevat and Sandeep Kumar @ Pappu Kewat @ Sandeep Kumar have been granted bail by co-ordinate Benches of this Court in Cr. Misc. 15215 of 2020, 28494 of 2020 and 27505 of 2020 respectively. Learned counsel next submits that petitioner No. 1 is in custody since 16.9.2020, petitioner Nos. 2 and 3 are in custody since 28.09.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that similarly situated co-accused persons have been granted bail by co-ordinate Benches of this Court and the petitioner No. 1 is in custody since 16.9.2020 whereas petitioner Nos. 2 and 3 are in custody since 28.9.2020, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.2628 of 2021(2) dt.17-03-2021 3/3 (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Barh, Patna, in connection with Belchhi P.S. Case No. 67 of 2019 subject to the condition that the petitioners will be well represented on each date in the trial and if they fail to do so on two consecutive dates, their bail bonds will be liable to be cancelled.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T