High Court of Jharkhand granted bail to Dasrath, Prasad, and Kartik Oraon in connection with a triple murder case. Petitioners sought relief citing bail orders for other co-accused. Court directed release upon furnishing security.
Petitioners released on bail on furnishing bonds of Rs. 10,000 each with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A.No. 7941 of 2014
With
B.A No.7760 of 2014
With
Dasrath Oraon
Dasrath Oraon ...… Petitioner (B.A No.7941/14) Prasad Oraon ...... Petitioner (B.A No.7760/14) Kartik Oraon ...... Petitioner (B.A No.7779/14)
Versus
The State of Jharkhand
...… Opposite Party (In three cases)
CORAM : HON’BLE MR. JUSTICE H. C. MISHRA
-----For the Petitioners : Mr. Mohit Prakash, Advocate Mr. Arun Kumar, Advocate. For the State : A.P.P.
2/14.11.2014 All these three applications arise out of the same case and as such, these are being disposed of by this common order.
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners have been made accused in connection with Sisai (Bharno) P.S case No.173 of 2011 corresponding to G.R No.970 of 2011, S.T No.172 of 2012, for the offence under Sections 147, 148, 149, 302 of the Indian Penal Code.
The case relates to triple murder and there being allegation against nine accused persons, including the petitioners, to have committed the murder of the deceased persons, the bail application of these petitioners was earlier rejected on merits by this Court.
Learned counsel for the petitioners has renewed the prayer for bail, submitting that the other co-accused persons who are similarly situated with the petitioners, have been granted bail by order dated 5.12.2013 in B.A No.10575 of 2013, order dated 9.1.2014 in B.A No.11711 of 2013 and order dated 31.10.2014 in B.A No.6721 of 2014.
In the facts and circumstances of the case, I am inclined to release the petitioners, Dasrath Oraon, Prasad Oraon and Kartik Oraon on bail. Accordingly, the petitioners, named above, are directed to be released on bail, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I, Gumla, in connection with Sisai (Bharno) P.S case No.173 of 2011 corresponding to G.R No.970 of 2011, S.T No.172 of 2012.
( H. C. Mishra, J.)
BS/
3 issues framed by the court
Whether to grant bail to petitioners accused of triple murder after co-accused already released.
Fitness of bail in Sisai (Bharno) P.S case No.173 of 2011 involving Section 302 IPC.
Whether uniformity in bail orders for similarly situated co-accused justifies release.
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
