IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71485 of 2024 Arising Out of PS. Case No.-89 Year-1994 Thana- KAUWAKOL District- Nawada ====================================================== Parmeshwar Raut, aged about 71 years, Male, S/o Late Kashi Raut @ Kashi Prasad R/o vill - Kharsari, P.S. - Kawakol, Distt. - Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 75517 of 2024 Arising Out of PS. Case No.-89 Year-1994 Thana- KAUWAKOL District- Nawada ====================================================== Vinod Raut @ Vinod Kumar Sinha, aged about 48 years, (Male), S/o- Late Sukhdeo Raut resident of village -Kharsari, P.S. Kawakole, District-Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 78193 of 2024 Arising Out of PS. Case No.-89 Year-1994 Thana- KAUWAKOL District- Nawada ====================================================== Niwas Raut @ Ram Niwas Ram, aged about 51 years, Male, Son of Late Brahmdeo Raut R/O Vill.- Kharsari, P.S.- Kawakol, Dist.- Nawada. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 87731 of 2024 Arising Out of PS. Case No.-89 Year-1994 Thana- KAUWAKOL District- Nawada ====================================================== Tanik Raut @ Tilak Raut @ Tanik Prasad, aged about 68 years, Male, Son of Late Keshar Raut Resident of Village- Kharsari, P.S.- Kawakol, Distt.- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 71485 of 2024) For the Petitioner/s : Mr. Rajeev Nayan, Advocate For the Opposite Party/s : Mr. Anish Chandra, APP (In CRIMINAL MISCELLANEOUS No. 75517 of 2024) Patna High Court CR. MISC. No.71485 of 2024(3) dt.28-02-2025 2/7 For the Petitioner/s : Mr. Roona, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 78193 of 2024) For the Petitioner/s : Mr. Rajeev Nayan, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP (In CRIMINAL MISCELLANEOUS No. 87731 of 2024) For the Petitioner/s : Mr. Rajeev Nayan, Advocate For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 3 28-02-2025 Heard learned counsels for the petitioners and learned APP for the State. 2. The petitioners are in custody in a case registered for the offence punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act. 3. Earlier the prayer for bail of all the four petitioners were rejected by this Court passed in Cr. Misc. Nos. 83262 of 2023, 84411 of 2023, 77571 of 2023 and 8719 of 2024. 4. As per written complaint of the informant, namely, Rana Hare Ram Singh, the FIR was lodged against eight accused persons including petitioners under Sections 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act. The informant stated that on 13.11.1994 at 4:00 PM when the informant’s brother Anurudh Singh, his neighbours Shashi Bhushan Singh and Rajendra Singh went to cut marhin Patna High Court CR. MISC. No.71485 of 2024(3) dt.28-02-2025 3/7 of paddy crops they saw that wife of Dashrath Raut was plucking gram sag from his field and thereafter the aforesaid three persons went there and opposed the wife of Dashrath Raut from cutting the paddy following which she started abusing the informant’s brother. At 4:45 PM Vinay Raut who was armed with a licensed rifle, Dash Raut armed with lathi and pasuli; Parmeshwar Raut armed with gadasa; Suresh Raut armed with pasuli; Subhash Raut armed with country-made rifle; Niwas Raut armed with lathi, Vinod Raut armed with lathi, Tanik Raut armed with khati came and started abusing the informant’s brother and Shashi Bhushan Singh and Rajendra Singh. Vinay Raut fired his bullet on the informant’s brother which hit him on the left side of the chest. The informant further alleged that Dasrath Raut, Niwas Raut Subhash Raut and Triveni Raut caught Shashi Raut cut his neck with pasuli and Dasrath Raut cut the neck of his brother after hitting him with the bullet as a result of which, both the injured persons i.e. brother of informant and Shashi Bhushan Singh succumbed to the injuries. 5. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case due to political rivalry in village regarding panchayat elections as the informant and the accused persons/petitioners are of different Patna High Court CR. MISC. No.71485 of 2024(3) dt.28-02-2025 4/7 caste and the candidate of the informant’s side lost the elections and the candidate supported by the petitioners and his inmates won the elections. He further submitted that the informant was not an eye-witness to the alleged occurrence. 6. He further submitted that one another co- accused Binay Mandal, had a specific allegation of firing on one of the deceased by his licensed rifle but after examination of his one licensed rifle at forensic science laboratory it was found that no such firing was made from the alleged gun and after considering the same the co-accused Binay Mandal was allowed bail by this Hon'ble Court vide order dated 22.01.2015, passed in Cr. Misc. No.- 24871 of 2014 by Hon'ble Justice Smt. Anjana Prakash, which shows that informant is not an eye witness of the alleged occurrence. 7. Learned counsel for petitioner in Cr. Misc. No. 71485 of 2024 further submitted that the petitioner has falsely been implicated in this case and same is well proved from the fact that the petitioner being annoyed with his family left his house and went to Ayodhya and was residing there as a saint, much prior to institution of this case and he was not aware of his implication in this case but recently while some people of his locality visited Ayodhya then they accidentally met him and told Patna High Court CR. MISC. No.71485 of 2024(3) dt.28-02-2025 5/7 him about his implication in this case. Thereafter, the petitioner returned to his village and surrendered at police station but the police showed his surrender as his arrest and same well proved from the fact that if the petitioner was residing in his village or locality and the police was in searching for him then he must have been arrested earlier but he appeared in this case after 29 years voluntarily. But since he was unaware that the police was looking for him, he surrendered at police station, instead of learned trial Court. 8. Learned counsels further submitted that the petitioners does not have any specific allegation of committing any overt act, rather it is alleged that the petitioner gave the order to kill but he neither assaulted the deceased nor used any weapon to kill the deceased, hence the offence under Sections 302/149 IPC is not made out against this petitioner and so far application of Section 27 Arms Act is concerned, the same is not applicable in this case as the petitioner is not alleged to have any fire arm in his possession, nor he used the same ever. He next submits that petitioners are in custody since 14.08.2023, 14.08.2023, 28.08.2023 and 14.08.2023 respectively. 9. Learned APP for the State opposes the prayer for bail of the petitioners. He further submitted that the Patna High Court CR. MISC. No.71485 of 2024(3) dt.28-02-2025 6/7 petitioners are named in the FIR and the FIR was lodged in the year 1994 and petitioners herein were declared proclaimed offenders and after that charge sheet was filed in this case. He further submitted that petitioners herein choose not to appear before the trial Court and evading due process of law since the year 1994 and declared absconder, later on after lapse of about 29 years, petitioners herein was arrested by police. He further submitted that granting bail to the petitioners will affect the trial of the case. 10. On perusal of the first information report and impugned orders dated 20.09.2023 and 22.09.2023 and considering the submission made by respective parties, it appears that the allegation leveled against the petitioner namely, Parmeshwar Raut is only to order giver and petitioner, namely, Tanik Raut @ Tilak Raut @ Tanik Prasad is that he was merely present in the mob, so I am inclined to grant bail to them. 11. Accordingly, let the petitioners, namely, Parmeshwar Raut and Tanik Raut @ Tilak Raut @ Tanik Prasad be released on bail on furnishing their bail bond of Rs.10,000/- (Rs. Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Nawada in connection with Sessions Trial No.42 of Patna High Court CR. MISC. No.71485 of 2024(3) dt.28-02-2025 7/7 2024 arising out of Kawakol P.S. Case No. 89 of 1994 subject to the conditions that both the petitioners shall appear before the trial Court on each and every date fixed by the learned trial Court till conclusion of the trial. 12. So far as petitioners, namely, Vinod Raut @ Vinod Kumar Sinha and Niwas Raut @ Ram Niwas Ram is concerned that both the petitioners were directly involved in causing murder of two co-villagers and there are serious allegations levelled against these petitioners and they are absconding for last 29 years, so I am not inclined to grant bail to them. 13. Accordingly, the prayer for bail of petitioners, namely, Vinod Raut @ Vinod Kumar Sinha and Niwas Raut @ Ram Niwas Ram is rejected. 14. The trial Court is directed to expedite the trial as early as possible. Brajesh Kumar/- (Ramesh Chand Malviya, J) U T