Ram Gopal Rout v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72206 of 2022 Arising Out of PS. Case No.-200 Year-2021 Thana- BANKA District- Banka ====================================================== RAM GOPAL ROUT Son of Late Bhaddo Rout @ Bhaddo Prasad Raut Resident of village - Mohanpur, P.S.- Barahat, District - Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Nandad Prasad, Advocate For the Opposite Party/s :
Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Banka (Barahat) P.S. Case No. 200 of 2021 registered for the offence under Sections 147/149/ 302 of the Indian Penal Code and Section 7(c) of Protection from Lynching Act, 2017. The accused/petitioner is named in the F.I.R. and is in custody since 02.09.2022.
The allegation against the petitioner is to commit murder of husband of the informant, along with other coaccused persons.
Patna High Court CR. MISC. No.72206 of 2022(2) dt.05-04-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner has falsely been implicated in this case, where allegation as regard to assault is appearing very much general and omnibus. It is submitted that co-accused persons, namely, Shambhu Rajak @ Shambhu Baitha and Binod Sah have also been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 46711 of 2021 dated 22.06.2022 and Cr. Misc. No. 50637 of 2022 dated 09.12.2022 respectively. It is further submitted that no specific allegation as regard to assault attributed to this petitioner, who is a man of clean antecedent. While concluding the argument, it is submitted that investigation of this case is completed, for which, chargesheet has submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances as mentioned above, as allegation regard to assault is appearing very much general and omnibus against this petitioner coupled with the fact that charge-sheet has already submitted, let the petitioner, above named, is directed to be released on bail in connection with Banka (Barahat) P.S. Case No. 200 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.72206 of 2022(2) dt.05-04-2023 3/3 of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T