Supan Dom And Others v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5994 of 2016 Arising Out of PS.Case No. -115 Year- 2015 Thana -AKBARNAGAR District- BHAGALPUR ======================================================

1. Supan Dom

2. Sarkal Dom

3. Ranjan Dom

4. Pappu Dom

5. Laddu Dom

6. Anil Dom All sons of Late Rasik Dom

7. Ramesh Dom son of Supan Dom

8. Bablu Dom son of Tainu Dom All resident of Village- Damodarpur, Police Station- Akbarnagar, District- Bhagalpur.

9. Lulha Dom @ Mulla Dom @ Bhulla Dom son of Chhedi Dom

10. Shiva Dom son of Lulha Dom @ Mulla Dom Both resident of VillageKanjhia, Police Station- Nathnagar, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Ashok Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-02-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Akbarnagar Police Station Case No. 115 of 2015, disclosing offences under Sections 147, 149, 323, 307 and 504 of the Indian Penal Code.

Learned Counsel appearing on behalf of the petitioners submits that the allegation of assault against the persons named in the First Information Report including the

Patna High Court Cr.Misc. No.5994 of 2016 (2) dt.23-02-2016 2/3 present ten petitioners, are general and omnibus. He also submits that no offence under Section 307 of the Indian Penal Code is made out on the basis of the allegation as contained in the First Information Report. It has been stated in paragraph 3 of the application that the petitioners have no criminal antecedents and a land dispute between the parties is said to be the reason behind institution of the First Information Report.

Considering the submission, as above, this application is allowed.

Let the petitioners, namely, Supan Dom, Sarkal Dom, Ranjan Dom, Pappu Dom, Laddu Dom, Anil Dom, Ramesh Dom, Bablu Dom, Lulha Dom @ Mulla Dom and shiva Dom, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhagalpur, in connection with Akbarnagar Police Station Case No. 115 of 2015, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present himself before the police/Court, as the same may be, as and when required and in the event of

Patna High Court Cr.Misc. No.5994 of 2016 (2) dt.23-02-2016 3/3 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.) Prabhakar Anand/- U √ T √