Amarjeet Kumar Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.632 of 2021 Arising Out of PS. Case No.-211 Year-2018 Thana- KHODAWANDPUR District- Begusarai ====================================================== AMARJEET KUMAR RAUT S/o Palat Raut R/o village- Chakwa, P.S.- Khodabandpur, Distt.- Begusarai ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sabal Kumar Jha For the Respondent/s :

Mr. Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-05-2021 Heard Mr. Sabal Kumar Jha, learned counsel for the appellant and Mr. Sadanand Paswan, learned counsel for the State through video conferencing.

This appeal is directed against the order dated 19.10.2020 passed by learned Special Judge SC/ST (POA) Act, Begusarai in connection with Khodabandpur P.S. Case No. 211 of 2018 registered under Section 302/34 of the I.P.C., later charge sheet has been submitted under Section 302 / 34 of the I.P.C. and Section 3 (2-va) / 3 (2-v) of the SC / ST (POA) Act by which the prayer for regular bail of the appellant has been rejected.

The prosecution story as per the F.I.R. lodged by the mother of the deceased is that her son received frequent calls on his mobile and thereafter her son left his house and did not

Patna High Court CR. APP (SJ) No.632 of 2021(3) dt.03-05-2021 2/3 return and when search was made, in the morning his dead body was found near the "Bundh" having mark of knife injuries on his body.

Learned counsel for the appellant submits that appellant has been dragged in this case on the basis of confessional statement of Sanjeet Kumar before Police who confessed his guilt in the alleged occurrence and mobile phone from which call was made to the son of the informant was recovered from the possession of Raju Sharma and both Sanjeet Kumar and Raju Sharma have been granted bail by different Coordinate Benches of this Court vide Cr. Appeal (SJ) No. 2036 of 2020 & Cr. Appeal (SJ) No. 929 of 2021 respectively. Learned counsel next submits that appellant is in custody since 17.09.2020 and charge sheet has already been submitted. Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record, the fact that the co-accused on whose confessional statement name of appellant has transpired has been granted bail by a Co-ordinate Bench of this Court and the appellant is in custody since 17.09.2020, I am inclined to grant regular bail to the appellant.

Accordingly, the order dated 19.10.2020 passed by

Patna High Court CR. APP (SJ) No.632 of 2021(3) dt.03-05-2021 3/3 learned Special Judge SC/ST (POA) Act, Begusarai in connection with Khodabandpur P.S. Case No. 211 of 2018 is hereby set aside.

Let the appellant, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge SC/ST (POA) Act, Begusarai in connection with Khodabandpur P.S. Case No. 211 of 2018. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T