Saheb Soren And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34538 of 2017 Arising Out of PS.Case No. -129 Year- 2016 Thana -MANIHARI District- KATIHAR ======================================================
1. Saheb Soren, son of Gopi Soren
2. Barka Guruwa, son of Guppan Murmu
3. Talku Soren, sife of Som Murmu
4. Chhotaka Gurwa @ Gurucharan Murmu, son of Munshi Murmu
5. Patpan Murmu, son of Mangal Murmu
6. Hopanmay Soren, son of Vishundev Murmu
7. Marang Kuriu @ Marang Kuri Kisku, wife of Sapolo Murmu @ Suppal Murmu All are resident of village Bairgachhi, P.S. Manihari, Distt. Katihar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anshuman Jaipuriyar, Advocate. For the Opposite Party/s : Mr. Braj Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Manihari P.S. Case No. 129 of 2016, G.R. No. 2109 of 2016 instituted for the offence under Sections 147, 148, 149, 325, 326, 342, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that there is general and omnibus allegation against all these petitioners. One of the coaccused with similar allegation has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 18.4.2017 passed in Cr. Misc. 870 of 2017.
Patna High Court Cr.Misc. No.34538 of 2017 (2) dt.24-07-2017 2/3 It is alleged that the petitioners and other co-accused persons along with 100 persons armed with deadly weapons attacked the informant and his family members and injured Rana Pratap Singh with bow and arrow and co-accuised Bishundeo Murmu and Ashgar Ali gave order to catch and kill him and then the accused persons started assaulting Rana Pratap Singh with bamboo and lathi and some persons took away Rana Pratap Singh from the house. It is further alleged that accused persons also injured Ashok Kumar Singh, father of the informant with bow and arrow.
In this manner, there is general and omnibus allegation against the petitioners.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Manihari P.S. Case No. 129 of 2016, G.R. No. 2109 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. S.K. Singh, learned Judicial Magistrate, 1st Class, Katihar, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should
Patna High Court Cr.Misc. No.34538 of 2017 (2) dt.24-07-2017 3/3 be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T