Patna High Court - Orders
Madan Soren & Ors vs The State Of Bihar on 8 May, 2014
Author: Gopal Prasad
Bench: Gopal Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 50295 of 2013
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1. Madan Soren, Son of Sone Lal Soren @ Asha Soren
2. Sone Lal Soren, Son of Chote Lal Soren
3. Sanjay Soren, Son of Babu Lal Soren
4. Ram Lal Soren, Son of Chote Lal Soren
5. Suresh Soren, Son of Parmanand Soren
6. Amin Kishku, Son of Harma Kishku
7. Chote Lal Kishku, Son of Late Munshi Kishku
8. Shree Lal Soren, Son of Parmanand Soren
9. Lalo Tudu @ Kishku, Son of Late Pagan Tudu
10. Bheem Lal Soren, Son of Mangal Soren
11. Jalpa Kishku, Son of Late Somra Kishku
12. Chote Lal Hembram, Son of Late Somra Hembram @ Songram Soren
13. Dukhi Hembram, Son of Late Somra Hembram @ Sangram Soren
All are resident of village - Sukhasan Kothi, P.S. Barhara Kothi,
District - Purnea
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD
ORAL ORDER
3 08-05-2014Heard learned counsel for the petitioners and learned counsel for the State.
This is a petition for grant of anticipatory bail in a case under Sections 147, 148, 149, 448, 341, 323, 324, 307, 354, 504, 379 and 506 of the Indian Penal Code as well as Section 27 of the Arms Act.
It is alleged by the informant that when he was loading paddy crops in his tractor, all the petitioners along Patna High Court Cr.Misc. No.50295 of 2013 (3) dt.08-05-2014 2 with other First Information Report named accused and few unknown, armed with deadly weapon, came at his Darwaja and brutally assaulted him and his family members. They also took away the household articles, cattle, cash amounting to Rs.25,000/- and 25 bags of paddy from his house.
Learned counsel for the petitioners submits that the injuries on the person of informant, Mahavir Yadav suggests that he received only two injuries which are simple in nature and were caused by hard and blunt substance. He further submits that there is a case and counter case. However, the First Information Report of the counter case has not been attached with petition, though there is allegation of theft of household articles, cattle, cash amounting to Rs.25,000/- and 25 bags of paddy from his house. He also submits that no seizure list has been prepared and theft articles have not been recovered from the possession of the petitioners.
Hence, having regard to the facts and circumstances of the case, the petitioners above named are directed to be released on anticipatory bail in the event of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order on furnishing bail bonds of Rs.10,000/- (ten thousand) each with Patna High Court Cr.Misc. No.50295 of 2013 (3) dt.08-05-2014 3 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnia in connection with Barhara P.S. Case No. 08 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr. P. C. as well as further condition that the petitioners shall appear in the case on each and every date fixed by the court below and any absence of the petitioners shall be subject to the satisfaction of the court below on reasonable grounds.
(Gopal Prasad, J) Kundan/-