High Court Patna High Court - Orders

Shri Kishun Uraon vs The State Of Bihar on 13 July, 2011

Patna High Court – Orders
Shri Kishun Uraon vs The State Of Bihar on 13 July, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr. Misc. No.8555 of 2011
                                           SHEOJI PAL
                                                    Versus
                                      THE STATE OF BIHAR
                                               with
                                 Cr. Misc. No.11123 of 2011
                                        SHRI KISHUN URAON
                                                    Versus
                                      THE STATE OF BIHAR
                                           with
                                 Cr. Misc. No.11136 of 2011
                                    MOHAN CHAUDHARY
                                                    Versus
                                      THE STATE OF BIHAR
                                           with
                                 Cr. Misc. No.10951 of 2011
                     SATYENDRA SINGH@ SHEKHAR @ SHEKHAR JEE
                                                    Versus
                                      THE STATE OF BIHAR
                                              -----------

03/ 13.07.2011 All the above stated petitions arise out of Rohtas P.S. Case

no. 127/2010 registered under sections 147,148,149,121A,124A,302

of the IPC, 25(i-b)a,26,27 of the Arms Act and 17 CLA Act and

accordingly, all the above stated petitions are being disposed of by this

common order.

Allegedly, cross-firing was made between the extremists

and the informant party and in the aforesaid cross-firing one villager

sustained fire arm injury and died then and there. Subsequently, all the

petitioners were caught by the informant and his party and recovered

fire arms and they were produced before the concerned police station

and after that present case was instituted.

In course of investigation son of the deceased stated before

the Investigating officer that after incident, he came to know that it

was the informant party who committed the murder of the deceased.

Learned counsel for the petitioners submits that recovery of
-2-

fire arms comes under the provision of section 37 of the Arms Act

which is bailable in nature and so far as rest sections are concerned, no

specific overt-act has been attributed against these petitioners.

Taking into consideration the above stated circumstances as

well as submissions of the parties, let the petitioners, Sheoji Pal, Shri

Kishun Uraon, Mohan Chaudhary and Satyendra Singh @ Shekhar @

Shekhar Jee, be released on bail on furnishing bail bonds of Rs

10,000/-each with two sureties of the like amount each to the

satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram in

Rohtas P.S. Case no. 127/2010 subject to the condition that the

petitioners shall attend the learned trial court on each and every date in

person for the period of nine months and if they fail to do so on three

consecutive dates without any genuine cause, the learned trial court

shall be at liberty to cancel the bail bonds of the petitioners.

shahid                                   (Hemant Kumar Srivastava,J)