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Judgment
Gautam Kumar Choudhary, J
Heard both the sides.
This bail application has been filed on behalf of Ganesh Mahato @ Ganesh Chandra Mahato and Lal Bihari Mahato @ Ban Bihari Mahato who are in custody since 30.10.2025 in connection with complaint case being C/1, Case No. 09 of 2004 for the offences under Sections 147, 148, 302, 435, 307, 120(B) and 34 of the IPC in which cognizance has been taken under Section 147, 148, 435, 307, 302 and 149 of the IPC pending in the Court of learned Sub Divisional Judicial Magistrate, Seraikella is pressed into motion.
It is submitted by the learned counsel on behalf of petitioners that earlier Seraikella PS Case No. 04 of 2004 under Section 435, 427, 304, 307 and 34 of the IPC was registered against 100 unknown persons in which after investigation final form was submitted as case true but no clue.
Thereafter, Complaint Case was filed regarding the same incidence by one Bibhisan Mahato in which it is alleged that on 14.01.2004 Bahadur Mahato who was the helper of the vehicle was conjointly assaulted by the accused persons including these petitioners resulting in his death.
It is further submitted that as per the complaint petition the incidence too place at the instance of Bijay Mahato who has already been granted bail by the Co-ordinate Bench of this Court and no overt act has been attributed against these petitioners.
Learned A.P.P. for the State opposed the prayer for bail.
It appears that earlier FIR with regard to the incidence resulted in a final form. Fate of the final form is not known. If the same has been accepted it is debatable whether a separate complaint regarding the same incidence by another person is maintainable at all. No overt act has been attributed to these petitioners.
Under the circumstances, the above-named petitioners are directed to be released on bail on furnishing bail bond of Rs.25,000/-(Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of the Court below.