Bali Bind And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5409 of 2016 Arising Out of PS.Case No. -78 Year- 2015 Thana -KURTHA District- JEHANABAD ======================================================

1. Bali Bind Son of Late Doman Bind

2. Ganesh Chandrabanshi Son of Late Sohrai Chandrabanshi

3. Sarswati Devi Wife of Jawahar Bind

4. Deopatia Devi Wife of Bali Bind

5. Bijendra Kumar Son of Jawahar Bind All are resident of village - Nadaura, P.S. Kurtha, District - Arwal .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Manoj Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-03-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Kurtha P.S. Case No. 78/2015, disclosing offences under sections 147, 148, 149, 341, 323, 427. 380. 436. 504 and 506 of the Indian penal Code. There are altogether 14 persons named in the First Information Report and 14 more unknown persons who are said to have committed the offence.

Learned counsel for the petitioners submits that the allegation against the petitioners and others is general and omnibus. He also submits that similarly circumstanced co-

Patna High Court Cr.Misc. No.5409 of 2016 (2) dt.09-03-2016 accused, Dhananjay Bind and Upendra Das, have been granted anticipatory bail by this Court vide order dated 30.11.2015 passed in Cr.Misc.No. 54080/2015.

I find substance in the submission made on behalf of the petitioners that their case is similarly situated to those, who had been granted anticipatory bail. This application is, accordingly, allowed.

Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal in Kurtha P.S.Case No. 78/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U