Patna High CourtCR. MISC./52318/2016rejected

Hakim Soren And ORS v. The State Of Bihar

2017-02-10Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.52318 of 2016 (4) dt.10-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52318 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -BARHARA District- PURNIA ======================================================

1. Hakim Soren, Son of Late Baiju Soren,

2. Jagan Soren @ Jaggan Soren, Son of Late Debu Soren,

3. Mandal Soren, Son of Late Debu Soren,

4. Manju Soren, Son of Late Debu Soren,

5. Santosh Soren, Son of Sri Hakim Soren, All resident of village - Jainagara Sah Tola, P.S. Barhara, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioner is in custody since 27.07.2016 in connection with Suppl Barhara P.S. Case No. 35 of 2016 registered under Sections 147, 148, 149, 341, 323, 324, 326, 307 and 302 of the Indian Penal Code.

Accusation is of murder.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case due to land dispute. The petitioners and the informant happen to be the agnates and the entire prosecution story arises out of a land dispute, in which, altercation took place and both the parties have sustained

Patna High Court Cr.Misc. No.52318 of 2016 (4) dt.10-02-2017 injuries.

Learned A.P.P. has vehemently opposed the prayer for bail and submitted that from perusal of the Post Mortem report of the deceased Akla Basuki, it appears that the doctor opined the cause of death due to hemorrhage and shock caused by penetrating sharp weapon arrow.

Considering the facts and circumstance of the case and the nature of accusation, this Court is not inclined to grant privilege of bail to the petitioners. Accordingly, this application is rejected. However, the petitioners may renew the prayer of bail after framing of charge.

(Arvind Srivastava, J) brajesh/- U T