Chandan Raut @ Chandan Rout v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59373 of 2022 Arising Out of PS. Case No.-51 Year-2021 Thana- PUNAURA District- Sitamarhi ====================================================== CHANDAN RAUT @ CHANDAN ROUT Son of Prakash Raut Resident of Village- Janki Ashthan, Ward No.-5, P.S.- Sitamarhi, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with S.T. No.210 of 2021 arising out of Punaura P.S. Case No.51 of 2021, registered for the offence punishable under Sections 395/397 of the Indian Penal Code.

The allegation is regarding 12-15 unknown miscreants having entered the house of the informant, after breaking lock of the entrance door, in the night of 20.03.2021, whereafter they are stated to have assaulted the son of the informant and had decamped with ornaments and

Patna High Court CR. MISC. No.59373 of 2022(2) dt.13-01-2023 2/3 cash.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 01.08.2022. The learned counsel for the petitioner has further submitted that the petitioner is having a fair antecedent inasmuch as he is an accused in only one other case in which he is on bail. It is further submitted that the name of the petitioner has transpired in the present case only upon the confessional statement made by the co-accused person, namely, Ashok Raut and no looted articles have been recovered from the possession of the petitioner, hence, the petitioner is not having any complicity in the matter.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

I have heard learned counsel for the parties and perused the material on record as

Patna High Court CR. MISC. No.59373 of 2022(2) dt.13-01-2023 3/3 also gone through the impugned order dated 16.09.2022, from which it is apparent that there is minuscule evidence on record so as to connect the petitioner with the alleged crime, hence, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-XII, Sitamarhi in connection with S.T. No.210 of 2021 arising out of Punaura P.S. Case No.51 of 2021.

(Mohit Kumar Shah, J) kanchan/sonal U T