Sohrai Bhuiyan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 22393 of 2017 Arising out of P.S. Case No.-521 Year-2015 ThanaBARACHATTI District- Gaya ===============================================

1. Sohrai Bhuiyan, Son of Jagdish Manjhi, Resident of Village- Amsot, P.S. Mohanpur, District- Gaya.

2. Wazir Bhuiyan, Son of Krishna Manjhi, Resident of Village- Amjori Bigha, P.S. Mohanpur, District Gaya.

3. Santosh Chaudhary, Son of Parmeshwar Chaudary, Resident of Itara, P.S. Mohanpur, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nand Kishore Prasad Sinha, Adv. For the Opposite Party/s: Mr. Sakir Ahmad, APP. =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 19-09-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.

It is contended on behalf of the petitioners that FIR has been drawn against unknown persons but subsequently one Mithilesh Chaudhary was arrested during the course of investigation and on the basis of his self incriminating confessional statement several persons were named including

Patna High Court Cr.Misc. No.22393 of 2017(4) dt.19-09-2017 2/2 the petitioners. It is further contended that Mithilesh Chaudhary has already been granted regular bail vide order dated 07.01.2016 passed in B.A. No. 83 of 2016 and co-accused Munna Chaudhary @ Munna Kumar has already been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 17.08.2016 passed in Cr. Misc. No. 30527 of 2016, as contained in Annexure-2.

Having regard to the facts and circumstances of the case, let the petitioners, above named be released on bail in the event of their arrest/surrender before the court below within a period of six weeks from today in connection with Barachatti (Mohanpur) P.S. Case No. 521/2015, on furnishing bail bonds of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sherghaty, Gaya or his successor subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) Vikash/- U T