Petitioner challenging arrest under multiple IPC and Arms Act sections sought bail. Court considered co-accused confession and antecedents but granted bail upon security.
Petitioner enlarged on bail by furnishing bond of Rs. 10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.4259 of 2016
Upendra Nag @ Upen Nag ….. Petitioner Versus The State of Jharkhand ….. Opp. Party ---------
CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
For the Petitioner : Mr. Sunil Kr. Ganjhu, Advocate & Mr. Raj Kishor Ram, Advocate For the State : A.P.P
--------- 03/Dated: 08th August, 2016
The petitioner has been made an accused for the offence registered under Sections 414/ 120(B)/ 386/ 34 of the Indian Penal Code, 25(1-b)a/26/35 Arms Act and under Section 17 of the C.L.A. Act.
2. Learned counsel for the petitioner has submitted that the petitioner has been made an accused on the confessional statement of co-accused, who were arrested on the spot. That in fact on the alleged date of occurrence the petitioner was in custody. That the petitioner does not have any concern with the banned extremist outfit of P.L.F.I. That no incriminating article was recovered from the possession of the petitioner and he has been remanded in this case on 16.04.2016 from another case.
3. Learned A.P.P has opposed the prayer for bail and submitted that petitioner has criminal antecedents and he was instrumental in managing the crime from the jail premises.
4. Heard. Considering that the petitioner's name has transpired in the confessional statement of the co-accused, the petitioner is directed to be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Khunti in connection with Murhu P.S. Case No.23 of 2016, corresponding to G.R. No.112 of 2016.
(AMITAV K. GUPTA, J.)
Chandan/-
1 issue framed by the court
Whether the petitioner should be granted bail considering the confessional statement of co-accused and criminal antecedents.
3 provisions across 3 enactments
Upendra Nag @ Upen Nag
The State of Jharkhand
Amitav K. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
