Suresh Hembram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43773 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- DHAMDAHA District- Purnia ====================================================== 1.
Suresh Hembram (M) aged about 40 years, Son of Late Gopal Hembram 2.
Sanjay Hembram (M), aged about 40 years, Son of Late Chopan Hembram 3.
Mangal Hembram (M) aged about 45 years, Son of Late Chopan Hembram 4.
Baijnath Hembram @ Baidhanath Hembrem (M), aged about 45 years, son of Late Naiki Hembram 5.
Tallu Hembram @ Talu Hembram (M), aged about 25 years, Son of Baijnath Hembram 6.
Parmanand Maraiya (M), aged about 40 years, Son of Late Saidu Hembram All are resident of Sakhuwa Tola, Police Station- Dhamdaha, District-Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhanshu Shekhar For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-07-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending his arrest in connection with Dhamdaha P.S. Case No. 76 of 2019 registered for offences under sections 147, 148, 149, 353, 341, 323, 307, 332, 333, 427, 504, 506/34 of the Indian Penal Code. As per prosecution story, the police, on receipt of secret information, made a raid at Sakhua Tola and recovered wine from the possession of Shivlal Hembram, Sunil Hembram, Arvind Hembram and Savitri Devi. Seeing the police party, they
Patna High Court CR. MISC. No.43773 of 2019(2) dt.16-07-2019 2/3 fled away but, the police arrested Shivlal Hembram and Sunil Hembram. While the raiding party was taking them to the police station, in the meantime, Arvind Hembram and Savitri Devi as also both the arrested persons started raising noise and, after that, 50-60 persons attacked on the raiding party to get release the apprehended persons.
Learned counsel for the petitioners submits that there is no specific allegation made against them rather general and omnibus allegation has been made. He further submits that the second case, which has been mentioned in paragraph no.3 of the present petition, is related to the same incident. Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four 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 learned Chief Judicial Magistrate, Purnea in connection with Dhamdaha P.S. Case No. 76 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present
Patna High Court CR. MISC. No.43773 of 2019(2) dt.16-07-2019 3/3 themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.
(Shivaji Pandey, J) rishi/- U T