Pradhan Kisku And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.634 of 2016 Arising Out of PS.Case No. -293 Year- 2000 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Pradhan Kisku son of Late Birshu Kisku @ Nirshu Kisku

2. Bal Kishor Hansda son of Late Mangal Hansda Both are residents of Village- Parawaha Purani Santhal Toli, Police Station- Forbesganj, District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Smt.Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-03-2016 Heard the learned counsel for the petitioners as well as the learned A.P.P for the State.

The petitioners seek bail in a case for the offences punishable under sections 147, 148, 149, 341, 323, 324 and 307 of the I.P.C Allegedly, the petitioners and other co-accused went at the field of the informant and made murderous attack on the informant and his brother resulting they received multiple injuries on their person and against the petitioners there is allegation that they were assaulting them with lathi.

Submission is of false implication and that the specific allegation for giving farsa blow is against other co-accused and

Patna High Court Cr.Misc. No.634 of 2016 (4) dt.29-03-2016 2/2 not against the petitioners, due to land dispute the occurrence has taken place, the petitioners are in custody since 14.09.2015 and co-accused Patwari Tudu @ Ramnand Tudu has been allowed bail vide Cr. Misc. No. 8669 of 2001 and as such they deserve sympathetic consideration, to which the learned A.P.P. opposes by submitting that this is a case of the year 2000 and the petitioners have been charge sheeted in this case showing them as absconder and after long lapse of time they have been apprehended. In the facts and circumstances as stated above, the petitioners shall be released on bail after framing of charge, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M. Araria in Forbesganj P.S.

Case No. 293 of 2000/ G.R. No. 1503 of 2000, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.