Patna High CourtCR. MISC./41627/2017bail granted

Chattu Thakur @ Shiv Nandan Kumar And ANR v. The State Of Bihar

2017-09-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41627 of 2017 Arising Out of PS.Case No. -117 Year- 2015 Thana -SAHKUND District- BHAGALPUR ======================================================

1. Chattu Thakur @ Shiv Nandan Kumar Son of Ambika Thakur

2. Manta Mandal @ Mantu Mandal Son of Subodh Mandal both Residents of Village- Pairdomania Mal, P.S. Sahkund, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Sahkund P.S.Case No. 117 of 2015 registered under Sections 147, 148, 149, 323, 354-A, 324, 354-B, 307, 379 of the Indian Penal Code, Section 27 of the Arms Act and Section 3/4 of the Prevention of Witch Practice Act.

It is submitted by the learned counsel for the petitioners that the First Information Report of the case is based on a complaint, which was referred to the police for investigation under Section 156(3) of the Code of Criminal Procedure. It is further contended that the four other accused persons having more or less identical allegation to that of the petitioners, namely,

Patna High Court Cr.Misc. No.41627 of 2017 (2) dt.19-09-2017 2/2 Pramod Mandal, Sunil Mandal, Munni Devi and Chulhai Mandal have already been granted the privilege of pre-arrest bail by order dated 30.03.2017 passed in Cr.Misc. No. 12621 of 2017. The above contention of the learned counsel for the petitioners has not been disputed by the learned counsel for the State.

In that view of the matter, in the event of arrest or surrender before the court below within four weeks from today, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bhagalpur in connection with Sahkund P.S.Case No. 117 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T