Allowed

Hira Ganjhu v. The State Of Jharkhand

Jharkhand HC15 Sept 2017B.A./5522/2017

Case brief

AI extract

What is this about?

In this bail application, the High Court considered the petitioner's request for release on bail, noting a controversy over the service of the seizure memo regarding a recovered carbine. The court allowed the bail application, directing the petitioner to be released on a bond of Rs. 10,000 with two sureties.

What did the court decide?

Petitioner directed to be released on bail bond of Rs. 10,000 with two sureties on specified conditions.

Hira Ganjhu Vs The State Of Jharkhand — Bail and Remand | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5522 of 2017

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Hira Ganjhu, S/o Banaudhi Ganjhu, R/o Village-Amarwadih, PO & PS- Balumath, Distt.- Latehar .... ...... Petitioner

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Versus ---

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The State of Jharkhand ... ..... Opposite Party --- CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioner : Mr. J.S. Singh, Adv. For the State : Mr. R.K. Mishra, APP ---

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06/ 15.09.2017 Heard the learned counsels appearing for the parties and

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perused the documents on record.

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Affidavit dated 13.09.2017 is taken on record. It is

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disclosed that against the petitioner no criminal case has been registered within the State of Jharkhand.

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The petitioner has been made an accused in Simaria P.S. Case No.28 of 2017, which was registered for the offence punishable under sections 25(1-b)a/26/35 of Arms Act and u/s 17(i)(ii) of C.L.A. Act.

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Contending that the seizure-memo accompanying the

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First Information Report would disclose that a copy of the seizure-memo under which seizure of a carbine with magazine has been shown was not served upon the petitioner which casts a serious doubt on veracity of the recovery from the petitioner, the learned counsel for the petitioner submits that the petitioner has asserted that he is a villager and he has no criminal antecedent and while so, he may be granted privilege of bail. The petitioner is in judicial custody since 15.03.2017 and charge-sheet has already been submitted in this case.

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Opposing the prayer for grant of bail, Mr. R.K. Mishra, the learned APP submits that there is recovery of carbine with magazine containing eight live cartridges from the petitioner.

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Having regard to the facts and circumstances of the case,

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the petitioner, Hira Ganjhu, 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, one of the bailers shall be class-I legal heir of the petitioner, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Chatra in connection with Simaria P.S. Case No. 28/2017, corresponding to G.R. No. 289/2017, provided he is not wanted in connection to any other case, on the following conditions:

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(i) he shall appear before the trial court, regularly during the trial, and

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(ii) he shall not change his residence without prior permission of the court.

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A report on residence of the petitioner as disclosed in the memo of the present bail application after physical verification shall be filed by the investigating officer in the trial court.

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The instant application is allowed. Let a copy of the order be transmitted to the trial Court through 'FAX'.

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(Shree Chandrashekhar, J.)

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R.K.

Hira Ganjhu v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Hira Ganjhu v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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