The High Court at Patna granted anticipatory bail to two accused persons facing murder and rioting charges, directing them to surrender within six weeks and undergo medical trial proceedings.
Released on anticipatory bail in connection with WPS Case No.98 of 2001, subject to bonds, sureties, and attendance conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.315 of 2010 HAROON KHAN @ HARAM KHAN & ANR Versus STATE OF BIHAR -----------
4 20.4.2010 Heard counsel for the petitioners and the State.
The petitioners apprehend their arrest in connection with Wazirganj P.S. Case No.98 of 2001 for an offence under sections 147, 148, 149, 302 of the Penal Code.
It would appear from the materials on record that two cases was lodged, one being Wazirganj P.S. Case No.97 of 2001 lodged by Mostt. Sitabiya Devi for murder of her husband Chattu Manjhi. The instant case being Wazirganj P.S. Case No.98 of 2001 has been lodged
by one Ranju Kumari for murder of her father Arjun Paswan.
In the instant case the informant Ranju Kumari alleged that on account of fire opened by these petitioners, one Chattu Manjhi was injured. She further stated that one Patrak Manjhi, the brother of Chattu Manjhi, cried that Arjun Paswan had opened fire which hit Chattu Manjhi. Thereafter ten named accused and 5-6 unknown persons are alleged to have assaulted Arjun Paswan with lathi as a result of which he succumbed to the injuries.
In the instant F.I.R. the informant admittedly did not make any allegation on these petitioners of having participated in any manner in assault on her father, whereas in Wazirganj P.S. Case No.97/2001 the informant Sitabiya Devi alleged that her husband Chattu Manjhi was killed by accused Ganesh Paswan, Prabhu Paswan and others.
The petitioners submits after 5-6 years of the alleged occurrence their names figured as an accused in the report of the Superintendent of Police.
Considering the facts and circumstances of the case, the petitioners namely Haroon Khan @ Haram Khan and Rais Khan @ Raja Khan @ Ratu Khan are directed to be released on anticipatory bail, in the event of their arrest/surrender within six weeks from today, in connection with Wazirganj P.S. Case No.98 of 2001 on furnishing bail bonds of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya subject to the conditions that they shall not absent themselves in the court
below for two consecutive dates till three witnesses are examined in
trial.
(S.P.Singh,J)
KHAN
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in connection with offences under sections 147, 148, 149, 302 of the Penal Code.
Haroon Khan @ Haram Khan
Rais Khan @ Raja Khan @ Ratu Khan
State of Bihar
S.P. Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
