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Patna High CourtCR. MISC./57650/2015bail granted

Lal Muni Bind And ANR v. The State Of Bihar

2016-01-19Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 57650 of 2015 Arising Out of PS.Case No. -120 Year- 2015 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ======================================================

1. Lal Muni Bind Son of Late Biltan Bind

2. Harhangi Bind Son of Late Bilatan Bind Both r/o Village Maidadh, P.S. Belaon, District-Kaimur at Bhabhua .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

19-01-2016 Heard Sri Tribhuwan Narayan, learned counsel for petitioners and Sri Sadanand Paswan, learned Special Addl. Public Prosecutor.

Two petitioners, who are own brother and in custody in Bhagwanpur (Belaon) P.S. Case no. 120 of 2015 registered for the offence under Sections 302/34 of the Indian Penal Code and section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, have prayed for grant of bail. Learned counsel for petitioners submits that on perusal of the F.I.R. itself, it is evident that on suspicion the victim was apprehended by the villagers as if he was thief and he was assaulted by the villagers. He submits that name of both the

Patna High Court Cr.Misc. No.57650 of 2015 (2) dt.19-01-2016 2/2 petitioners has been disclosed as if petitioners participated in the occurrence. He submits that there is no specific accusation against either of the petitioners, save and except, general and omnibus allegation.

Keeping in view the fact that there is general and omnibus allegation, there is no reason to further detain the petitioners.

Let both the petitioners namely Lal Muni Bind and Harhangi Bind be enlarged 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 Chief Judicial Magistrate, Kaimur at Bhabhua/concerned court in Bhagwanpur (Belaon) P.S. Case no. 120 of 2015.

(Rakesh Kumar, J.) Anay U T