Ashok Raut vs The State Of Bihar
2021 Latest Caselaw 1854 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 33922 of 2020
     Arising Out of PS Case No.-194 Year-2020 Thana- SHEOHAR District- Sheohar
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Ashok Raut, Male, aged about 38 years, Son of Mahesh Raut, Resident of Village-Sugiya Katsari, PS Sheohar, District-Sheohar.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s    :        Mr. Pushpendra Kumar Singh, Advocate
For the State           :        Ms. Gulnar Begum, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-04-2021

Heard Mr. Pushpendra Kumar Singh, learned counsel

for the petitioner and Ms. Gulnar Begum, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner apprehends arrest in connection with

Sheohar PS Case No. 194 of 2020 dated 10.07.2020, instituted

under Sections 307, 323, 324, 341, 354, 447 and 503/34 of the

Indian Penal Code.

3. The allegation against the petitioner and others is of

general and omnibus assault by fists, slaps and foot on the

informant whereas specifically against co-accused Ramnath Raut

of hitting on head by iron khanti.

Patna High Court CR. MISC. No.33922 of 2020 dt.05-04-2021

4. Learned counsel for the petitioner submitted that

there are eight named accused including the petitioner and against

the petitioner it is only general and omnibus, of assault by fists,

slaps and foot. Learned counsel submitted that the injury report, as

has been quoted by the Court below while granting bail to other

co-accused is that the same was simple in nature having been

caused by hard and blunt substance. It was further submitted that

the petitioner does not have any criminal antecedent.

5. Learned APP submitted that the petitioner also

assaulted the informant. However, it was not disputed that the

allegations are general and omnibus, along with seven other

persons, of assault by fists, slaps and foot.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Sheohar in Sheohar PS Case

No. 194 of 2020, subject to the conditions laid down in Section

438(2) of the Code of Criminal Procedure, 1973 and further, (i)

that one of the bailors shall be a close relative of the petitioner, (ii) Patna High Court CR. MISC. No.33922 of 2020 dt.05-04-2021

that the petitioner and the bailors shall execute bond with regard

to good behaviour of the petitioner, and (iii) that the petitioner

shall also give an undertaking to the Court that he shall not

indulge in any illegal/criminal activity, act in violation of any

law/statutory provisions, tamper with the evidence or influence

the witnesses. Any violation of the terms and conditions of the

bonds or the undertaking shall lead to cancellation of his bail

bonds. The petitioner shall cooperate in the case and be present

before the Court on each and every date. Failure to cooperate or

being absent on two consecutive dates, without sufficient cause,

shall also lead to cancellation of his bail bonds.

7. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T