Patna High Court - Orders
Shambhu Prasad @ Shambu Singh & Anr vs State Of Bihar on 17 August, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20780 of 2009
RAM CHANDRA PRASAD
Versus
STATE OF BIHAR
With
Cr.Misc. No.20881 of 2009
RAVI KUMAR
Versus
STATE OF BIHAR
With
Cr.Misc. No.21642 of 2009
SANTOSH SINGH
Versus
STATE OF BIHAR
With
Cr.Misc. No.21530 of 2009
1. SHAMBHU PRASAD @ SHAMBU SINGH
2. VINOD PRASAD @ VINOD KUMAR SINGH
Versus
STATE OF BIHAR
With
Cr.Misc. No.21773 of 2009
BIRENDRA PRASAD @ BIRENDRA PRASAD SINGH
Versus
STATE OF BIHAR
With
Cr.Misc. No.21990 of 2009
JAGARNATH BHAGAT
Versus
STATE OF BIHAR
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03 17.08.2009Heard both sides.
All these six applications arise out of Minapur P.S. Case no. 130/2008 lodged on 05.07.2008, instituted under Sections 147,148,149, 341,323, 324, 504, 307, 302 & 201 of the Penal Code in relation to an occurrence that had taken place on 04.07.2008, and as such, they have been heard together. The present order shall govern all the six cases.
As many as 14 accused persons are named in the F.I.R. There is general and omnibus allegation that the deceased who was involved in 2 abducting the daughter of the co-accused Ram Pravesh Prasad was encircled assaulted and thereafter dragged to a different place where again he was assaulted. Following morning the dead body was found buried at a place.
Learned counsels appearing in support of all these applications submit that the allegation ex-facie is/are general and omnibus. No one can be picked up as the main assailant.
Learned counsel appearing in support of the Cr. Misc. No. 20780/2009 produced certified copy of order dated 21.05.2009, whereby as many as 04 applications were disposed of granting bail to as many as 05 accused persons named in the F.I.R. Said order is on record marked as 'X'. Referring to and relying upon the said order, it is contended that the case of the petitioners in all these applications are on identical footing.
Learned A.P.P. appearing on behalf of the State, looking to the order marked as 'X' submits that the allegations is/are some what identical.
In the facts and circumstances of the case, above named petitioners in all the six cases are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M./ Judicial Magistrate Ist Class, Muzaffarpur in connection with Minapur P.S. Case no. 130 of 2008.
Sym/ (Kishore K. Mandal, J.)