Criminal bail petition filed by two accused persons. The High Court directed the release of both petitioners on bail upon furnishing a bond of Rs. 10,000 along with two sureties each to the Chief Judicial Magistrate.
Release of both petitioners on bail upon furnishing a bond of Rs. 10,000 each with two sureties of like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 784 of 2014
The State of Jharkhand … … Opp. Party
CORAM: HON’BLE MR. JUSTICE R.R. PRASAD
----For the Petitioners : Mr. Md. Faruque Ansari, Advocate For the State : A.P.P. For the Informant : Mr. A.K. Pandey, Advocate
3/ 01.03.2014 Heard learned counsel appearing for the petitioners, learned counsel for the informant and learned A.P.P. appearing for the State.
The petitioners are accused in a case instituted under Sections 147/148/149/341/342/323/325/307/379 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel appearing for the petitioners submits that it is the case of the prosecution that upon the order being given by petitioner no. 1 to kill the informant, the accused persons started assaulting the informant and while they were leaving the place after assaulting the informant, petitioner no. 2 fired shot but admittedly it did not hit to the informant.
As against this, learned counsel for the State as well as the informant submit that at the instance of petitioner no. 1, occurrence took place in which petitioner no. 2 with an intention to kill the informant fired shot upon the informant and, therefore, even if the shot did not hit, intention of petitioner no. 2 was there to kill the informant.
Regard being had to the facts and circumstances of the case, both the above-named petitioners are directed to be released on bail on furnishing bail bond of Rs. 10000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Palamau at Daltonganj in connection with Tarhasi P.S. Case No. 70 of 2013 arising out of G.R. No. 2391 of 2013.
(R.R. Prasad, J.)
AKT
2 issues framed by the court
Whether the petitioners are eligible for bail upon furnishing a bond and sureties?
How the petitioners should be released in connection with the pending criminal case?
2 provisions across 2 enactments
Reyaj Khan @ Reyaz Ahmad Khan
Mojib Khan @ Mojibur Rahman Khan
The State of Jharkhand
R.R. Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
