Lagan Musahar And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56535 of 2015 Arising Out of PS.Case No. -157 Year- 2015 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================
1. Lagan Musahar
2. Wajir Musahar
3. Birbal Musahar All are sons of Babban Musahar, Residents of village- Dumraith Dera, P.S.- Bhabua, District- Kaimuar (Bhabua) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.51712 of 2015 Arising Out of PS.Case No. -157 Year- 2015 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================
1. Sohan Mushar
2. Raju Mushar, both sons of Late Mahangu Mushar, residents of village- Dumraith, P.S. Bhabua, District- Kaimur at Bhabua .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.52321 of 2015 Arising Out of PS.Case No. -157 Year- 2015 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================
1. Narayan Mushar
2. Indal Mushar both sons of Babulal Mushar both residents of Village - Dumraith, P.S. Bhabua, District - Kaimur at Bhabua.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.56535 of 2015) For the Petitioner/s : Mr. Rajesh Kumar Chaudhary For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App)
Patna High Court Cr.Misc. No.56535 of 2015 (3) dt.09-02-2016 (In Cr.Misc. No.51712 of 2015) For the Petitioner/s : Mr. Parwej Khan For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) (In Cr.Misc. No.52321 of 2015) For the Petitioner/s : Mr. Parwej Khan For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-02-2016 Heard learned counsel for the petitioners and counsel for the State in all the three cases.
In these cases, the petitioners are seeking bail in connection with Chainpur P.S. Case No. 157 of 2015 for offence under Section 302/34 of the Indian Penal Code and Section 27 of he Arms Act read with Section 3(ii)(v) of the SC/ST Act. Learned counsel for the petitioners has submitted that the accused persons themselves belong to the SC/ST category and, in such a situation, section of Scheduled Caste and Scheduled Tribe does not apply.
On merit, it appears that the wife of the victim, in the previous night, had heard the sound of gunshot and, in the morning, the victim was found dead. It has been claimed that fourteen persons are responsible for the death of the victim. In paragraph no.5 of the Case Diary, the wife of the victim has stated that on previous night, she had heard the sound of gunshot and in the morning, the dead body of the victim was found. She is confident that all the fourteen accused persons, named in the First
Patna High Court Cr.Misc. No.56535 of 2015 (3) dt.09-02-2016 Information Report, are involved in the death of her husband. Looking to the facts and circumstances of the case, let the petitioners, namely, Lagan Musahar, Wajir Musahar, Birbal Musahar (All petitioners of Cr. Misc. No. 56535 of 2015), Sohan Mushar, Raju Mushar (petitioners of Cr. Misc. No. 51712 of 2015), Narayan Mushar and Indal Mushar (petitioners of Cr. Misc. No. 52321 of 2015) be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 157 of 2015.
(Shivaji Pandey, J) Rishi/- U T