Justice H.C. Mishra granted bail to petitioner Kailash Mahto, accused in a case relating to an encounter involving police personnel's death. Considering the evidence adduced so far, he was directed to furnish a bond with sureties.
Petitioner Kailash Mahto directed to be released on bail upon furnishing bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 1151 of 2016
Kailash Mahto
.… Petitioner
-VersusThe State of Jharkhand ..... Opposite Party
------- CORAM : HON’BLE MR. JUSTICE H.C.MISHRA
For the Petitioner : : M/s. Abhay Kr. Chaturvedy For the State : : M/s. Sanjay Kr. Pandey-2, A.P.P. -------
3/ 03.03.2016. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with Kunda P.S. Case No.19 of 2008, corresponding to G.R. No.977 of 2008, S.T. No. 12 of 2014, for the offence under Sections 147, 148, 149, 353, 307, 302, 379 of the Indian Penal Code, Section 27 of the Arms Act and Section 17(i)(ii) of the Criminal Law Amendment Act.
The case relates to encounter between the police party and the members of the extremists group in which one police personnel was killed.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 11.9.2013 and in similar circumstance other co-accused has been granted bail by order dated 26.6.2015 in B.A. No. 2276 of 2015, considering the evidence adduced in the case so far.
In the facts of this case, I am inclined to release the petitioner on bail. Accordingly, the petitioner, Kailash Mahto, is directed to 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 of learned Additional Sessions Judge-I, Chatra, in connection with, Kunda P.S. Case No.19 of 2008, corresponding to G.R. No.977 of 2008, S.T. No. 12 of 2014.
(H.C.Mishra, J.)
D.S.
2 issues framed by the court
Whether the petitioner Kailash Mahto should be released on bail in a case involving murder and encounter-related offences.
Whether the similarity in circumstances with a co-accused's bail application warrants granting similar relief to the petitioner.
Kailash Mahto
The State of Jharkhand
H.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
