JUDGEMENT
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(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.;
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