Partly allowed

Poresh Soren v. The State of Bihar

Patna HC7 Nov 2019CR. MISC./67514/2019

Case brief

AI extract

What is this about?

This court allowed withdrawal of anticipatory bail petition by petitioner no. 2 as he was arrested. Remaining petitioners were granted bail in anticipation of arrest or surrender within six weeks subject to conditions under Section 438(2) Cr.P.C.

What did the court decide?

Permission to withdraw anticipatory bail of petitioner no. 2; Bail granted to remaining petitioners on surrender or arrest within six weeks.

Poresh Soren Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67514 of 2019

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Arising Out of PS. Case No.-69 Year-2018 Thana- POTHIYA District-

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Kishanganj

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======================================================

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PORESH SOREN Son of Chunda Soren Resident of Village - Kachakhuwa, P.S.- Pothia, Dist.- Kishanganj.

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Dilu Murmu Son of Lt Raghu Murmu Resident of Village - Kachakhuwa, P.S.- Pothia, Dist.- Kishanganj.

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Ratan Tudu Son of Dula Tudu Resident of Village - Kachakhuwa, P.S.Pothia, Dist.- Kishanganj.

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Mota Tudu @ Mata Tudu Son of Dula Tudu Resident of Village - Kachakhuwa, P.S.- Pothia, Dist.- Kishanganj.

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Balu Tudu Son of Bacha Tudu Resident of Village - Kachakhuwa, P.S.Pothia, Dist.- Kishanganj.

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Madan Murmu Son of Gathea Murmu Resident of Village - Kachakhuwa, P.S.- Pothia, Dist.- Kishanganj.

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Kandru Marandi Son of Late Bhado Marandi @ Bhadu Marandi Resident of Village - Kachakhuwa, P.S.- Pothia, Dist.- Kishanganj.

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Soben Marandi @ Sobandi Marandi @ Soban Marandi Son of Josef Marandi Resident of Village - Kachakhuwa, P.S.- Pothia, Dist.- Kishanganj.

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Murli Marandi Son of Josef Marandi Resident of Village - Kachakhuwa, P.S.- Pothia, Dist.- Kishanganj.

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Sonu Marandi @ Suno marandi Son of Josef Marandi Resident of Village - Kachakhuwa, P.S.- Pothia, Dist.- Kishanganj.

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioners : Mr. Ram Prawesh Kumar, Advocate. For the Opposite Party: Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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2 07-11-2019

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Learned counsel for the petitioners states that the petitioner no. 2 has been arrested and as such the anticipatory bail petition has become infructuous and seeks permission to withdraw the same.

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Permission is accorded. The anticipatory bail

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Patna High Court CR. MISC. No.67514 of 2019(2) dt.07-11-2019 2/3

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petition of petitioner no. 2 stands dismissed as withdrawn.

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The petitioners (except petitioner no. 2) apprehend their arrest for the offences alleged under Sections 447, 147, 148, 149, 386, 504, 506 of the Indian Penal Code registered in connection with Pothia P.S. Case No. 69 of 2018.

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It is submitted that the petitioners (except petitioner no. 2) have been falsely implicated and the F.I.R. has been instituted against as many as 12 named and 15-20 unknown persons. The accusations are general and omnibus in nature without any specific accusations attributed to them individually. The petitioners except petitioner no. 6 are variously accused in several other cases which however been lodged at the instance of the informant’s side.

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Be that as it may, in the event of the petitioners (except petitioner no. 2) arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners (except petitioner no. 2) be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Kishanganj in connection with Pothia P.S. Case No. 69 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions -

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(i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners (except petitioner no. 2).

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(ii) That the petitioners (except petitioner no. 2) shall not indulge in any similar offence till conclusion of the trial.

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(iii) That the petitioners (except petitioner no. 2) shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of

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Patna High Court CR. MISC. No.67514 of 2019(2) dt.07-11-2019 3/3

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bail.

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(iv) That the petitioners (except petitioner no. 2) shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

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(Vikash Jain, J)

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Ibrar//-

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Poresh Soren v. The State of Bihar

Case brief

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Poresh Soren v. The State of Bihar

Case brief

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