Salendra Raut @ Shailendra Raut Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Salendra Raut @ Shailendra Raut Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional release on bail: after framing of charge (or immediately if the charge-sheet has not been submitted) on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each before the learned Judicial Magistrate Ist Class, Benipatti at Madhubani; trial court to complete framing of charge within 15 days; if charge-sheet pending, petitioner must attend the Trial Court physically on every date till framing of charge concludes.

Issue for consideration

Whether petitioner Salendra Raut @ Shailendra Raut should be released on bail in connection with Saharghat P.S. Case No. 136 of 2023 (offences under Sections 395, 397 and 398 IPC, Section 27 Arms Act, Sections 3 / 4 Explosive Substance Act).

Court's answer

Petitioner ordered released on bail after framing of charge, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate Ist Class, Benipatti at Madhubani, in connection with Saharghat P.S. Case No.136 of 2023.

Ratio / Principle

Trial Court directed to conclude the proceeding of framing of charge according to law within 15 (fifteen) days from the date of receipt of a copy of this order.

Key takeaways

If the charge-sheet has not been submitted, petitioner shall be released on bail on the above conditions, subject to his physical presence before the Trial Court on each and every date till conclusion of the proceeding of framing of charge.ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Ramesh Chand Malviya, J), oral order dt. 17-05-2024 on Cr. Misc. No.9932 of 2024, grants conditional bail to petitioner Salendra Raut @ Shailendra Raut in Saharghat P.S. Case No. 136 of 2023 (Dist. Madhubani), instituted under Sections 395, 397 and 398 IPC, Section 27 Arms Act and Sections 3 / 4 Explosive Substance Act, arising from a night-time attack in which 40-50 accused variously armed entered the informant's premises, resorted to firing, assaulted the informant's brother with an iron rod and stole articles. Counsel submitted the petitioner was implicated only via the confessional statement of co-accused Chandra Narayan Sah with merely omnibus F.I.R. allegation, had no criminal antecedents, and had been in judicial custody since 19.10.2023; co-accused Manoj Kumar Yadav had already been bailed on 27.02.2024 in Cr. Misc. No. 12573 of 2024. The Court released the petitioner on bail after framing of charge on bonds of Rs. 10,000/- with two like sureties before the Judicial Magistrate Ist Class, Benipatti at Madhubani, directed the trial court to lawfully complete framing of charge within 15 (fifteen) days, and stipulated that if the charge-sheet had not been submitted the petitioner would be bailed forthwith subject to his physical presence before the Trial Court on each and every date till framing of charge concludes.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9932 of 2024

Arising Out of PS. Case No.-136 Year-2023 Thana- SAHARGHAT District- Madhubani

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

Salendra Raut @ Shailendra Raut, Male, Aged about 50 years, Son of Baidyanath Raut, Resident of Village- Maksudpur Lalgarh Yogia, P.S.Shyampur Bhathan, District- Sheohar (Bihar)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Shankar Kumar, Advocate For the Opposite Party/s : Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

4 17-05-2024

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Saharghat P.S. Case No. 136 of 2023 instituted for the offences punishable under Sections 395, 397 and 398 of the Indian Penal Code, Section 27 of the Arms Act and Section 3 / 4 of the Explosive Substance Act.

As per the prosecution case, the informant states that he along with members of his family having gone to sleep, he woke up on hearing some sound. On going to his terrace, he found 40-50 accused persons variously armed. Information was given to the police station, however in the meantime the accused persons entered. They resorted to firing etc. and also assaulted

Patna High Court CR. MISC. No.9932 of 2024(4) dt.17-05-2024 2/3

the informant’s brother with an iron rod causing injuries to different persons. A number of articles were stolen and taken away by the accused persons.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity and village politics. His name transpired in this case only on the basis of confessional statement of co-accused Chandra Narayan Sah and except the confessional statement of co-accused nothing is against the petitioner. There is no specific allegation against the petitioner, only omnibus allegation has been made in the F.I.R. Petitioner has got no criminal antecedent as stated in para 3 of the petition. The other co-accused namely, Manoj Kumar Yadav @ Manoj Yadav has already been granted bail by this Court vide order dated 27.02.2024 passed in Cr. Misc. No. 12573 of 2024. Moreover, he is languishing in judicial custody since 19.10.2023.

Learned APP for the State has vehemently opposed the prayer for bail.

On perusal of the F.I.R., impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submission made on behalf of the

Patna High Court CR. MISC. No.9932 of 2024(4) dt.17-05-2024 3/3

petitioner, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Benipatti at Madhubani in connection with Saharghat P.S. Case No.136 of 2023.

The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J)

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