Disposed

Malakh Raut v. The State of Bihar

Patna HC8 Apr 2024CR. MISC./21306/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a Warisaliganj PS case alleging communal clash over control of a railway rack point with rioting, firing and injuries to police. The court granted anticipatory bail on furnishing bail bonds of Rs.20,000 each with two sureties, subject to CrPC Section 438(2) conditions.

What did the court decide?

Anticipatory bail on furnishing bail bonds of Rs.20,000/- each with two sureties of the like amount, subject to Section 438(2) CrPC conditions.

Malakh Raut Vs The State of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21306 of 2024

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Arising Out of PS. Case No.-27 Year-2024 Thana- WARISLIGANJ District- Nawada

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======================================================

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Malakh Raut Son Of Late Kapil Raut, Resident of Village- Balwapar, P.S.Warisaliganj, District- Nawada

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Guddu Raut @ Guddu Prasad @ Guddu Prasad Raut Son Of Maharaj Raut @ Yogendra Raut, Resident of Village- Balwapar, P.S.- Warisaliganj, District- Nawada

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... ... petitioners/s

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Versus

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The State of Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the petitioners/s : Mr. Manmohan Kumar For the Opposite Party/s : Mr. Navin Kumar Pandey

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======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 08-04-2024

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Heard learned counsel for the petitioners and learned A.P.P. for the State.

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The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 332, 333, 337, 338, 307, 353 of the Indian Penal Code & Section 27 of the Arms Act.

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Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant with general and omnibus allegation. It is further submitted that the informant alleges that he received an information that brick batting and firing are going on in between two communities as detailed in the F.I.R. for control of business of railway rack point, accordingly, when

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Patna High Court CR. MISC. No.21306 of 2024(2) dt.08-04-2024 2/3

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police force reached the place of occurrence, they saw that three persons were lying in injured condition, who were sent for treatment by police vehicle, in the meantime, both groups started pelting stones and bricks over the police force causing injury. The learned counsel next submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation against the petitioners is general and omnibus in nature and no specific allegation is alleged against the petitioners. It is next submitted that though there is allegation of firing in between the two groups but then no one was injured in the firing and even the S.I. Nirmal Kumar received injury on non-vital part of the body but no specific allegation is alleged against the petitioners.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Warsaliganj P.S. Case No.27/2024, subject to the conditions as laid down under Section

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Patna High Court CR. MISC. No.21306 of 2024(2) dt.08-04-2024 3/3

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438 (2) of the Cr.P.C.

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Further, one of the bailors of both the petitioners shall

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be the father of petitioner no.2, namely, Maharaj Raut @ Yogendra Raut.

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(Satyavrat Verma, J)

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amit/-

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U T

Malakh Raut v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Malakh Raut v. The State of Bihar

Case brief

What is this about?

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