Allowed

Prashant Baraik v. the State of Jharkhand

Jharkhand HC4 Dec 2015B.A./9198/2015

Case brief

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What is this about?

The High Court of Jharkhand granted bail to the petitioner accused of weapons-related offenses and dacoity. The court noted the lengthy custody period and admitted absence of a key witness statement in the case diary as grounds for release on personal bond. The previous bail application was dismissed as withdrawn.

What did the court decide?

Directed release of petitioner on bail on furnishing bond of Rs.10,000/- with two sureties of like amount.

Prashant Baraik Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2015)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.9198 of 2015

Prashant Baraik

..... Petitioner

Versus

The State of Jharkhand

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…. Opposite Party

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CORAM: HON’BLE MR. JUSTICE H.C. MISHRA

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For the Petitioner : Mr. Md. Zaid Ahmed For the State : A. P.P.

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3/4.12.2015 Heard learned counsel for the petitioner and learned counsel for the State.

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Petitioner has been made accused for the offence under Sections 386 and 387 of the Indian Penal Code and Sections Section 25(1-B)(a)/26/35 of the Arms Act and Section 17 of the CLA Act, in connection with Simdega P.S. Case No.39 of 2015, corresponding to G.R. No.125 of 2015.

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Petitioner was apprehended on 20.3.2015 by the police and from the possession of the petitioner, one loaded country made pistol and pamphlets of PLFI was recovered. Rs.25,000/- was also recovered from the petitioner, which is claimed to have been realised from one timber merchant, viz., Daud. Earlier the bail application of the petitioner was dismissed as withdrawn after some arguments by order dated 18.8.2015 in B.A. No.4039 of 2015.

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Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and in the entire case diary, the statement of the said Daud has not been recorded.

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Learned counsel for the State has opposed the prayer for bail submitting that the levy money was recovered from the petitioner apart from firearm, but upon going through the case diary, it is admitted that the statement of said Daud is not available in the case diary.

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In the facts and circumstances of the case and taking into consideration the period of custody of the petitioner, I am inclined to release the petitioner on bail. Accordingly, the petitioner Prashant Baraik is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Simdega, in connection with Simdega P.S. Case No.39 of 2015, corresponding to G.R. No.125 of 2015.

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(H. C. Mishra, J)

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R.Kumar

Prashant Baraik v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Prashant Baraik v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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