IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A No.7364 of 2011
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1. Mathura Bari @ Mathuram Bari
2. Chotta Bari @ Dumbi Bari .... Petitioners
-Versus-
The State of Jharkhand ...... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioner : Mr.Arup Kumar Dey, Advocate
For the State : Mr.S.Prasad, A.P.P.
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3/ 16.11.2011
Heard learned counsel for the petitioners and the learned counsel for the State.
The petitioners have been made accused in Tonto P.S case no. 8 of 2010
corresponding to G.R No. 400 of 2010, S.T No. 201 of 2010 for the offence under
Sections 302, 34 of the Indian Penal Code.
From the F.I.R it appears that due to the land dispute between the petitioner no.1
Mathura Bari @ Mathuram Bari and the deceased, the said Mathura Bari @ Mathuram
Bari and the other co-accused dragged the deceased in his house and tied him in a tree
and thereafter, it is alleged that all the named accused persons and 10-15 unnamed
persons assaulted the deceased to death.
Learned counsel for the petitioner submits that there is omnibus allegation against
the petitioners and has accordingly prayed for bail.
Learned A.P.P has opposed the prayer for bail of the petitioner.
In the facts of this case particularly in view of the fact that there is direct allegation
against the petitioner no.1 namely Mathura Bari @ Mathuram Bari with whom there was
land dispute, to have dragged the deceased in his own ‘Aghan’ where the deceased was
killed, I am not inclined to release the petitioner Mathura Bari @ Mathuram Bari, on
bail. Accordingly, his prayer for bail is hereby rejected.
So far petitioner no.2 is concerned, in view of the omnibus allegation against him,
I am inclined to release him on bail. Accordingly, the petitioner Chotta Bari @ Dumbi
Bari is directed to be released on bail, on furnishing bail bond of Rs. 10,000/-(Rupees
Ten Thousand) with two sureties of the like amount each to the satisfaction of learned
Sessions Judge, Chaibasa, in Tonto P.S case no. 8 of 2010 corresponding to G.R No.
400 of 2010, S.T No. 201 of 2010.
(H.C.Mishra, J.)
B.S/
