Baiju Soren And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 16729 of 2018 Arising Out of PS.Case No. -35 Year- 2016 Thana -BARHARA District- PURNIA ======================================================

1. Baiju Soren, son of Madan Soren.

2. Baiju Soren, son of Hakim Soren. Both residents of Village- Jainagra Sah Tola, P.S.- Barhara, District- Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== For the Petitioner/s : Mr Bijendra Kumar Singh, Advocate For the S t a t e : Mr Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 26-04-2018 Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners seek bail in a case registered under Sections 147, 148, 149, 341, 323, 307, 302 of Indian Penal Code. It is submitted by the learned counsel for the petitioners that no specific assault is attributed upon the petitioners and that there is general and omnibus allegation against all the accused persons. It is further submitted that other similarly situated as the petitioners, namely, Hakim Soren, Jagan Soren @ Jaggan Soren, Mandal Soren, Manju Soren and Santosh Soren have been allowed bail by this Court in Cr Misc No 21205 of 2017. Petitioner No 1 is in custody since 29.12.2016 and petitioner No 2 is in custody since 23.02.2017. It is submitted that three cases are pending against petitioner No 2, details of which he

Patna High Court Cr.Misc. No.16729 of 2018 (3) dt.26-04-2018 2/2 has disclosed in the petition, namely, Barhara Police Station Case No 61 of 1997, Barhara Police Station Case No 30 of 1998 and Barhara Police Station Case No 47 of 2002. Petitioner No 2 has no criminal antecedent.

Considering the aforesaid submissions, the petitioners' prayer for bail is allowed. Let the petitioners above named be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I, Purnea in Sessions Trial No 321 of 2017 arising out of Barhara Police Station Case No 35 of 2016 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U