Bhim Raut @ Bhim Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62867 of 2023 Arising Out of PS. Case No.-115 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== BHIM RAUT @ BHIM PRASAD Son of Late Mannu Raut R/o vill - Balwapar, P.S. - Warisaliganj, Distt. - Nawada ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

State Electricity Department,Govt. of Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Man Mohan Kumar, Adv.

For the Opposite Party/s :

Ms.Nirmala Kumari, APP.

Mr. Ajay Kumar Gautam, Adv.

Mr. Vinay Kirti Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2023 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 379, 353, 308, 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 01.03.2023, the informant, Junior Electrical Engineer Electric Supply Section, Warsaliganj went to village Balwapur for his departmental work where the petitioner along with other coaccused persons came there and started abusing and assaulted the informant with butt of pistol on his head and also threatened him to shoot him. They also snatched golden chain from the neck of the informant and took Rs. 10,000/- from his pocket.

Patna High Court CR. MISC. No.62867 of 2023(2) dt.17-10-2023 2/3

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Though there is allegation against the petitioner and other co-accused persons that they assaulted the informant while he was discharging his duty, but as per the injury report, the injury sustained by the victim is simple in nature. It is further submitted that petitioner is a very old man aged about 60 years. He further submits that the son of the petitioner is already in judicial custody. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case and considering the age of the petitioner, the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below

Patna High Court CR. MISC. No.62867 of 2023(2) dt.17-10-2023 3/3 where the case is pending/successor Court in connection with Warisaliganj P.S. Case No. 115 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T