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Judgment
In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today. They have no complaint in respect to the audio and video clarity and quality.
Petitioners are apprehending their arrest in connection with Barhait P.S. Case No. 103 of 2018, for the offences under Sections 147, 148, 149, 341, 323, 325, 307, 342, 353, 379, 427 of the Indian Penal Code, pending in the Court of Judicial Magistrate, 1st Class, Sahibganj.
Heard learned counsel for the parties.
Ms. J. Mazumdar, learned counsel appearing for the petitioner submits that the allegation against the petitioners are false. Drawing attention of this Court towards Annexure-2 Series, learned counsel submits that co-accused with similar allegations have already been given privileges of anticipatory bail in A.B. A. Nos. 7511of 2019 and other cases.
Learned APP does not dispute submission of learned counsel for the petitioner.
Considering submission of learned counsel for the parties as well as facts and circumstances of the case, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, petitioners are directed to surrender in the Court below within four weeks from today and in the event of their arrest and/or surrender, petitioners will be enlarged on bail on jointly depositing six demand drafts of Rs.10,000/- each as an ad-interim victim compensation without prejudice to their defence in this case, drawn in favour of the victims namely Shiv Kumar Singh, Vijay Kumar, Arjun Prasad, Arjun Prasad Singh, Mohan Lal Tudu and Kishun Deo Tudu and further on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of Judicial Magistrate, 1st Class, Sahibganj in connection with Barhait P.S. Case No. 103 of 2018, subject to fulfillment of conditions as laid down under Section 438 (2) Cr.P.C. and with the condition that they will cooperate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the AADHAR Card with an undertaking that they will not change their mobile numbers during pendency of the case without prior permission.