Mangaru Mushahar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38805 of 2018 Arising Out of PS.Case No. -69 Year- 2018 Thana -KOILWAR District- BHOJPUR ======================================================

1. Mangaru Mushahar, Son of Ganga Mushahar.

2. Rajendra Mushahar @ Rajendra Ram, Son of Dharmu Mushahar.

3. Raj Kumar Mushahar, Son of Mangru Mushahar.

4. Langar Mushahar, Son of Ganga Mushahar. All resident of VillageGidha, Police Station- Koilwar, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Koilwar P.S. Case No. 69 of 2018, registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code.

Allegation as per the F.I.R. against the petitioners is that they had killed the brother of the informant. Submission of learned counsel for the petitioners is that except suspicion there is nothing against the petitioners and there is no eye witness to the occurrence. Other co-accused have already been extended the privilege of anticipatory bail by this Court vide order dated 29.06.2018 passed in Cr.Misc.No.38374 of 2018.

Patna High Court Cr.Misc. No.38805 of 2018 (2) dt.04-07-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Koilwar P.S. Case No. 69 of 2018, subject to conditions as laid down under section 438 (2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and further condition is that they have to co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise the prosecution is free to move for cancellation of their bail bonds.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) AnilKrSinha/- U