The High Court at Ranchi granted bail to the petitioner accused of theft and illegal possession of arms, noting lack of identification despite T.I. parade and prolonged detention, directing release on bond with sureties.
Petitioner directed to be released on bail by furnishing bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 3905 of 2018
Niraj Keshri @ Badal… … … Petitioner Versus The State of Jharkhand … … ... Opp. Party.
-----CORAM: HON'BLE MR. JUSTICE ANANDA SEN.
For the petitioner: Mr. Jitendra Nath Upadhyay, Advocate. For the State: Addl. P.P.
03/26.09.2018. Heard learned counsel for the parties.
The petitioner is an accused for the offence punishable under sections 392/411 of the Indian Penal Code and under section 25(1B) a/26/35 of the Arms Act.
F.I.R. was against unknown persons.
It is alleged that the informant was looted by some unknown miscreants. This petitioner was arrested and was put on T.I. parade, but he was not identified by the informant.
Taking into consideration the aforesaid facts and the fact that the petitioner is in custody since 06.02.2018, I am inclined to release the petitioner on bail. Accordingly, the petitioner, namely, Niraj Keshri @ Badal is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Seraikella, in connection with Rajnagar P.S. Case No. 73 of 2017, corresponding to G.R. No. 1275 of 2017.
(Ananda Sen, J)
Sharma/
1 issue framed by the court
Whether petitioner accused under IPC 392/411 and Arms Act should be released on bail given identification lag.
2 provisions across 2 enactments
NIRAJ KESRI @ BADAL
THE STATE OF JHARKHAND
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
