Allowed

Shivpujan Raut v. The State of Bihar

Patna HC18 Dec 2024CR. MISC./67112/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in an assault case involving farsa and garasa blows. Considering delay in FIR, counter case, simple injuries and possibility of false implication, the court granted pre-arrest bail subject to conditions.

What did the court decide?

Anticipatory bail on arrest/surrender within eight weeks; bonds of Rs.10,000 each with two like sureties, subject to Section 438(2) CrPC conditions.

Shivpujan Raut Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67112 of 2024

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Arising Out of PS. Case No.-362 Year-2024 Thana- MAJHAULIA District- West Champaran

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Shivpujan Raut, S/O Late Kailash Raut

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Pradeep Kumar Raut @ Pradeep Kumar @ Pradeep Raut, S/O Rama Raut Both are residents of Village- Bahuwarwa, Ward no 11, P.S- Majhaulia, District- West Champaran, Bettiah

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Shyam Sundar Kumar, Advocate For the Opposite Party/s : Mr.Lalan Kumar, APP

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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3 18-12-2024

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Heard learned counsel for the petitioners and

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learned APP for the State.

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In this present case, the petitioners are apprehending their arrest in connection with Majhaulia P.S. Case No. 362 of 2024, registered for the offences under Sections 341, 323, 324, 325, 307, 379, 385, 504/34 of the Indian Penal Code.

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As per prosecution case, petitioners and other coaccused persons assaulted the informant and his niece with farsa , garasa and iron rod.

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Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. No occurrence as alleged has ever taken place.

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Patna High Court CR. MISC. No.67112 of 2024(3) dt.18-12-2024 2/3

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There is counter version of the occurrence and the wife of petitioner no.1 has filed Majhaulia P.S. Case No. 361 of 2024 against the informant’s side. The learned counsel further submits that a free fight took place in the background of fact that the informant’s side abused and assaulted the wife of the petitioner no.1. The learned counsel further submits that all offences are bailable except under Sections 307 and 379 IPC, but from the facts of the case, it is apparent that no offence under Section 307 IPC is made out. There has been no repetition of blow and no intervening circumstances in this case. The learned counsel further submits that injury report shows only simple injury of the informant. The learned counsel further submits that for an occurrence dated 25.05.2024, fardbeyan was recorded on 27.05.2024 and FIR was registered on 29.05.2024 without any satisfactory explanation.

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Learned APP vehemently opposes the submission made on behalf of the petitioners. The learned APP submits that allegation against the petitioners is that of giving farsa and garasa blow, though he concedes injury report of the informant shows simple injuries.

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Having regard to the facts and circumstances and

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Patna High Court CR. MISC. No.67112 of 2024(3) dt.18-12-2024 3/3

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submissions made on behalf of the parties and considering the inordinate delay in lodging the FIR, the case and counter case of the parties, simply nature of injuries and possibility of false implication, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Majhaulia P.S. Case No. 362 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

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(i) One of the bailors will be a close relative of the petitioners.

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(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

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(Arun Kumar Jha, J)

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V.K.Pandey/-

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U T

Shivpujan Raut v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shivpujan Raut v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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