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Patna High CourtCR. MISC./34520/2016bail granted

Vikash Raut @ Vivek Raut And ORS v. The State Of Bihar

2016-09-05Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34520 of 2016 Arising Out of PS.Case No. -98 Year- 2016 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Vikash Raut @ Vivek Raut, son of Late Uma Raut.

2. Jeetendra Mistri, son of Late Ramjee Mistri.

3. Rajendra Raut, son of Late Lakhan Raut.

4. Satish Kumar, Son of Rajendra Raut.

5. Yogendra Mistri, son of late Ramjee Mistri.

6. Shambhu Raut, Son of Rajendra Raut.

7. Mahendra Raut @ Paro, son of Late Bhola Raut.

8. Mohan Thakur, son of Late Jalo Thakur.

9. Ranjeet Raut, Son of Balmiki Raut.

10. Uday Raut, Son of Rajendra Raut.

All are residents of Village:- Saur Chandipur, P.S:- Warisaliganj, District:- Nawada.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Hansraj For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 05-09-2016 Heard Sri Hansraj, learned counsel for the petitioners and Sri Parmeshwar Mehta, learned Addl. Public Prosecutor.

Ten petitioners, apprehending their arrest in Warisaliganj P.S. Case No.98 of 2016 registered for the offence under Sections 147, 148, 149, 341, 323, 307, 448, 380 and 354 of the Indian Penal Code, have prayed for grant of bail in the event of their arrest.

It was submitted by learned counsel for the petitioners that there was case and counter case in between the

Patna High Court Cr.Misc. No.34520 of 2016 (2) dt.05-09-2016 2/2 parties. By way of referring to Annexure-2 to the petition, learned counsel for the petitioners submits that petitioner no.1 is the informant in Warisaliganj P.S. Case No.99 of 2016, in which the informant of the present case has been arrayed as Accused no.7. He further submits that in the F.I.R. itself, there was allegation that the petitioners side had assaulted with but of the pistol. He submits that had there been any intention to kill the informant, the petitioners' side could have used the pistol.

In view of the fact that there was case and counter case, let the petitioners, namely, (i) Vikash Raut @ Vivek Raut (ii) Jeetendra Mistri ( iii) Rajendra Raut (iv) Satish Kumar (v) Yogendra Mistri (vi) Shambhu Raut (vii) Mahendra Raut @ Paro (viii) Mohan Thakur (ix) Ranjeet Raut and (x) Uday Raut, in the event of their arrest or surrender within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Nawada in connection with Warisaliganj P.S. Case No.98 of 2016, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) NKS/- U T