Neeraj Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2342 of 2021 Arising Out of PS. Case No.-67 Year-2019 Thana- BELCHHI District- Patna ====================================================== 1.
NEERAJ RAUT Son of Pramod Raut, 2.
PRAMOD RAUT Son of Late Charitra Raut, Both are Residents of Village - Bakara, Police Station - Bind, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Kashyap, Adv.
For the Opposite Party/s :
Mr.Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2021 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners undertake to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioners seek bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 307, 302, 504 of the Indian Penal Code.
Prosecution case in brief is that the informant proceeded on his tractor towards his agricultural land, 18 named accused persons including the petitioners herein came variously armed, started to abuse and asked the informant not to cultivate his land. On being asked not to abuse, the accused persons
Patna High Court CR. MISC. No.2342 of 2021(2) dt.12-03-2021 2/3 started to assault his father and on the informant's younger brother coming to his father's rescue, he was also beaten up badly. He was taken to the hospital, where he died in the emergency ward.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. There is no any overt act against the petitioners and they are members of the mob. The petitioners are languishing in judicial custody since 28.09.2020. The petitioners have got no criminal antecedent which is mentioned in para 3 of the bail petition. The similarly situated co-accused have been granted by different Co-ordinate Benches of this Court vide order dated 01.06.2020 passed in Cr. Misc. No.15215/2020, dated 11.11.2020 passed in Cr. Misc. No.28494/2020 and dated 01.12.2020 passed in Cr. Misc. No.27507/2020.
Learned APP for the State opposes the prayer for bail of the petitioners.
Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five
Patna High Court CR. MISC. No.2342 of 2021(2) dt.12-03-2021 3/3 thousand) each with two sureties of the like amount each in connection with Belchhi P.S. Case No. 67/2019 to the satisfaction of learned Court below where the case is pending. (Anjani Kumar Sharan, J) amitkumar/- U T