Sunil Munda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70262 of 2019 Arising Out of PS. Case No.-305 Year-2016 Thana- KHAJANCHI HAT District- Purnia ====================================================== 1.

Sunil Munda Son of Biren Munda @ Birendra Munda Resident of VillageMurgi Farm Maranga, (Jha Nagar Toli), P.S.- Maranga, District- Purnea. 2.

Subhash Munda @ Boka Munda Son of Late Doma Munda Resident of Village- Murgi Farm Maranga, (Jha Nagar Toli), P.S.- Maranga, DistrictPurnea. 3.

Bechan Uraon Son of Late Krishndeo Uraon Resident of Village- Murgi Farm Maranga, (Jha Nagar Toli), P.S.- Maranga, District- Purnea. 4.

Ashok Uraon @ Ashok Kumar Son of Bhimdeo Uraon @ Beem Dev Uranw Resident of Village- Murgi Farm Maranga, (Jha Nagar Toli), P.S.- Maranga, District- Purnea.

5.

Kena Uraon @ Koma Uraon Son of Babu Lal Uraon Resident of VillageMurgi Farm Maranga, (Jha Nagar Toli), P.S.- Maranga, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. N.K. Agrawal, Sr. Advocate Mr. Vijay Anand, Advocate For the State :

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-05-2022 Heard learned senior counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with K. Hat (Maranga) P.S. Case No.305/2016 registered for offences under Sections 341, 323 and 307 of the Indian Penal Code.

Earlier this Court has passed following order on 27.04.2022 which is quoted hereinbelow:-

Patna High Court CR. MISC. No.70262 of 2019(9) dt.10-05-2022 2/3 "Heard learned senior counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State.

Mr. Jharkhandi Upadhyay, learned APP for the State, files a counter affidavit on behalf of S.H.O. Maranga Police Station, Purnea which is taken on record.

Learned senior counsel for the petitioners submits that earlier by Annexure-1, petitioners were granted anticipatory bail till submission of the charge-sheet. Thereafter they were directed to surrender in the court below and pray for regular bail if charge-sheet was submitted against them. Now charge-sheet has been submitted against the petitioners.

Mr. N.K. Agrawal, learned senior counsel for the petitioners, produces the order of the Hon'ble Supreme Court dated 16.11.2021 passed in SLP (Crl.) No. 6057 of 2021 (Vinod Kumar Sharma & anr. Vs. State of Uttar Pradesh & anr.) and submits that the present anticipatory bail application is maintainable in the facts of the case.

Considered the submissions of the parties.

Put up this case on 10th of May, 2022 for further hearing.

Petitioners are directed to produce the charge-sheet on the next date of hearing.

Till the next date of hearing, petitioners shall not be arrested in connection with K. Hat (Maranga) P.S. Case No. 305 of 2016 pending in the court of learned Chief Judicial Magistrate, Purnea."

Considering the allegations and the materials available on record; and there is no substantial change in the case and the petitioners have not misused the privilege of bail till submission of charge-sheet and there is no chance of their absconding, their application for anticipatory bail is allowed.

Patna High Court CR. MISC. No.70262 of 2019(9) dt.10-05-2022 3/3 Accordingly, let petitioners, above-named, in the event of their arrest or surrender within six weeks from today, be released on bail, for the entire period till trial is concluded, on furnishing fresh bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K.Hat (Maranga) P.S. Case No.305/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sandeep Kumar, J) BT/- U T