Sushil Maharana And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19436 of 2017 Arising Out of PS.Case No. -479 Year- 2016 Thana -BANKA District- BANKA ======================================================
1. Sushil Maharana, Son of Late Gopi Maharana
2. Laxman Manjhi, Son of Aniruddh Manjhi, Both resident of VillageManjhiyara, P.S.- Banka, District- Banka. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bharat Lal For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-06-2017 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered for the offences punishable under Section 302 and other allied sections of the Indian Penal Code, Section 27 of the Arms Act and Section 3⁄4 of Explosive Substance Act.
Petitioners are named in the first information report but allegation of firing and lobbing bomb is general in nature against petitioners and other accused. Moreover, three co-accused, namely, Shambhu Singh and others have already been granted privilege of bail by a co-ordinate Bench of this court vide order dated 21.03.2017 passed in Cr. Misc. No. 4050 of 2017. However,
Patna High Court Cr.Misc. No.19436 of 2017 (2) dt.21-06-2017 2/2 those accused persons, who were granted bail by a co-ordinate bench of this court, had no criminal antecedent whereas petitioners do have criminal antecedent of several cases but it would appear from perusal of the first information report that the informant claimed in his ferdbeyan that he had identified the petitioners by their respective voices. Petitioners are in jail custody since long. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners 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 Additional Sessions Judge-IV, Banka in connection with Sessions Trial No. 137 of 2017 arising out of Banka P.S. Case No. 479 of 2016.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T