The High Court of Jharkhand granted bail to the petitioner charged in an investigation involving stolen batteries, directing his surrender and release upon furnishing a bond and two sureties under Section 438 Cr.P.C.
Petitioner directed to surrender for bail on furnishing bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.543 of 2015
Sujeet Kumar …… Petitioner
Versus
The State of Jharkhand …… Opposite Party
--------- CORAM: HON’BLE MR. JUSTICE D.N. UPADHYAY
For the Petitioner : Mr. A. Shankar, Advocate For the State : A.P.P.
04/11.05.2015 Heard the parties.
It reveals that vehicle belonging to accused-Naresh Kumar Gupta was found carrying four pieces of stolen battery. Accused-Naresh Kumar Gupta confessed his guilt and disclosed name of present petitioner to whom he used to sell the stolen battery.
It is submitted that petitioner has been roped in this case only on the basis of confession made by co-accused. Nothing incriminating has been recovered from his possession.
Counsel appearing for the State has opposed the prayer.
Considering the facts and circumstances, the above named petitioner is directed to surrender before the Court below within a period of two weeks from today and on such surrender, he shall be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction learned SDJM, Hazaribagh in connection with Giddi P.S. Case no.67 of 2014 corresponding to G.R. Case no.4996 of 2014 subject to the conditions laid down under Section 438(2) Cr.P.C.
(D. N. Upadhyay, J.)
s.b.
1 issue framed by the court
Whether to grant bail to the petitioner who was implicated on the basis of a co-accused confession without any recovery of incriminating material from his possession.
Sujeet Kumar
The State of Jharkhand
D.N. Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
