Patna High CourtCR. MISC./2793/2018allowed

Ilaba @ Sushil Kumar And ORS v. The State Of Bihar

2018-01-15Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2793 of 2018 Arising Out of PS. Case No.-62 Year-2017 Thana- PURANHIA District- Sheohar ======================================================

1. Ilaba @ Sushil Kumar son of Mahesh Sah

2. Baban Raut son of Late Ramji Raut

3. Shambhu Mahto, son of Satya Narain Das

4. Rajesh Mahto son of Dinesh Mahto

5. Dinesh Mahto son of Late Sakaldeep Mahto all residents of village Basant Patti, P.S. Purnahiya, District Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mr. DR. RABINDRA KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-01-2018 Heard both sides.

Prayer is for grant of anticipatory bail in Purnahiya P.S. Case No. 62 of 2017 registered under sections 147, 148, 149, 323, 341, 386, 387, 389, 427, 440, 436, 455, 457, 354, 354-A and 448 IPC.

Enraged by the accident resulting in the death of the son of the informant, it is alleged that the petitioner along with 100 others intruded into the house and committed loot. Learned counsel for the petitioners submits that considering the peculiarity of the case several co-accuseds of the present case have been granted the privilege of anticipatory bail. In this regard, he has referred to the order dated

Patna High Court Cr.Misc. No.2793 of 2018(2) dt.15-01-2018 2/2 13.12.2017, 04.01.2018 and 02.01.2018 passed in Cr. Misc. Nos. 60130 of 2017, 62327 of 2017 and 57202 of 2017. It is submitted that the case(s) of the petitioners stand on identical footing. The petitioners have no criminal antecedents. Let the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- each, with two sureties of the like amount, each to the satisfaction of Sub Divisional Judicial Magistrate, Sheohar in Purnahiya P.S. Case No. 62 of 2017 on condition that one of the bailors of each of the petitioners shall be their own/close family members. As soon as the charges are framed the petitioners shall appear in the court below in person on each date fixed thereat. In case of default in doing so, the trial court shall cancel the bail bonds of the petitioners and secure their arrest in accordance with law.

(Kishore Kumar Mandal, J) HR/- U T