SANJAY RAUT, RAJEEV RAUT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) This is an application for grant of regular bail to the petitioners for the offence under Sections 302/201/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that although in the F.I.R. it is stated by the informant(Mahadeo Raut) that deceased Makhan Raut was assaulted by these two petitioners Sanjay Raut and Rajeev Raut along with Bishwanath Raut, Bindeshwari Raut, Balbhadra Raut, Bhaglu Pandit, Nandlal Pandit, Prakash Pandit, Thakur Pandit and Suresh Pandit on 16.05.2010. F.I.R. was lodged on 23.05.2010 and postmortem report shows that deceased died within 3648 hours when the postmortem was conducted and considering the same other coaccused namely Bhaglu Pandit, Nandlal Pandit and Suresh Pandit have been granted bail by a Bench of this Court vide order dated 03.12.2010 in B. A. No. 7017 of 2010 and the case of these petitioners are similar to that of the other coaccused and as such, they may be enlarged on bail. Learned counsel for the State while opposing the prayer for bail admits that similarly situated coaccused persons have already been granted bail.

(3.) In that view of the matter, petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 20,000/( Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Deoghar in connection with Madhupur P. S. Case No. 86 of 2010 corresponding to G. R. Case No. 228 of 2010(S.C. No. 201 of 2010), subject to the condition that one of the bailers should be the local residents having property within the jurisdiction of the court. Petitioners shall appear once every month in Court on date fixed, otherwise their bail bound would be liable to be cancelled.