Allowed

Nirmal Yadav v. The State Of Jharkhand

Jharkhand HC5 Jun 2013B.A./4891/2013

Case brief

AI extract

What is this about?

Justice Shree Chandrashekar granted bail topetitioner Nirmal Yadav in Railway Protection Force case by directing release on furnishing bond with sureties, rejecting opposition from State regarding other pending case.

What did the court decide?

Ordered release of petitioner on bail by furnishing bail bond of Rs. 10,000 with two sureties to the satisfaction of the learned Railway Judicial Magistrate, Palamau at Daltonganj.

Nirmal Yadav Vs The State Of Jharkhand — Bail and Remand | Jharkhand HC (2013)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 4891 of 2013

Nirmal Yadav

... ... Petitioner

Versus

State of Jharkhand

... ... Opposite Party

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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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------For the Petitioner : Mr. A.K. Chaudhary, Advocate For the State : A.P.P.

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02/05.06.2013

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Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

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Learned counsel appearing for the petitioner while referring to page no. 7 of the paper-book has submitted that the petitioner has been made an accused in Railway Protection Force Post Barwadih Case No. 02 of 2013 registered under Sections 3 of Railway Protection (U.P) Act.

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Learned counsel appearing for the petitioner further submits that the petitioner is in judicial custody since 01.03.2013. Although, the alleged coal was seized on 02.02.2013 and after enquiry, the complaint was filed on 02.02.2013. After about one month, the petitioner was arrested and it has been alleged that he is one of the persons involved in theft of the coal belonging to the railways. He has further submitted that only on suspicion, the petitioner has been made an accused and the proceeding has been initiated against him.

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Learned counsel appearing for the State has submitted that another case bearing Railway Protection Force Post Barwadih Case No. 22 of 2008 registered under Section 3 of Railway Protection (U.P) Act is also reported

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against the petitioner and therefore, he may not be enlarged on bail.

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A perusal of the order dated 22.03.2013 passed by the learned Principal Sessions Judge, Latehar would disclose that the learned judge has permitted the petitioner to renew the prayer for bail after a period of three months. It is not understandable if at this stage, this is not a fit case for grant of bail how it would become a case for grant of bail after three months.

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In the facts and circumstances of the case, the petitioner namely, Nirmal Yadav is directed to be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Palamau at Daltonganj in connection with Railway Protection Force Post Barwadih Case No. 02 of 2013.

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(Shree Chandrashekhar, J.)

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Amit/

Nirmal Yadav v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Nirmal Yadav v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

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