IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2881 of 2011
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1. Pendo Besra
2. Munna Besra @ Lutu Besra
3. Dewan Besra ... ...... Petitioners
Versus
The State of Jharkhand .... .... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY
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For the Petitioners : Mr. Pramod Kumar Jha, Advocate
For the State : A.P.P.
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02 /13.10.2011Heard learned counsel for the parties.
Petitioners are accused in connection with Madhupur P.S. Case No.189 of 2010
corresponding to G.R. Case No.481 of 2010 registered under Sections 147, 148, 149,
341, 323 & 307 of the Indian Penal Code which is pending in the Court of learned
Sub-Divisional Judicial Magistrate, Madhupur at Deoghar.
It reveals that all the accused persons, after forming unlawful assembly, caused
assault to informant and his companion.
It is submitted that Gera Besra against whom there is allegation of assault has
been granted bail by the Court below. So far these petitioners are concerned, save
and except their name appearing in the written report, no specific overt act against
any of them has been alleged. No case u/s 307 I.P.C. is made out.
Learned counsel for the State has opposed the prayer for bail.
Since the assailant Gera Besra has been granted regular bail, above named
petitioners are directed to appear before the Court below for seeking regular bail
which may be considered in view of the earlier order by which Gera Besra has been
granted regular bail and the prayer for regular bail, if made by the petitioners before
the Court below, shall be considered on the date of surrender itself.
With the observations, as aforesaid, this anticipatory bail application stands
disposed of.
(D.N. Upadhyay, J)
NKC