Single judge rejected bail petition of accused under Section 302 IPC. Court refused bail noting petitioner faced two murder-related cases despite being off-charged in FIR for conspiracy and absence of identification.
Bail prayer dismissed, application stands dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.5486 of 2018
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Bijay Kiro @ Bijay Munda @ Bijay Dang
… Petitioner
The State of Jharkhand … Opposite Party
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CORAM : HON’BLE MR. JUSTICE ANANDA SEN
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For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Ravi Prakash, A.P.P.
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9/ 05.12.2018 Heard learned counsel for the parties.
Petitioner is an accused for allegedly committing the offence punishable under Sections 147/148/149/302 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act, in connection with Basia Police Station Case No.14 of 2016, corresponding to Spt-IV G.R. No. 283 of 2016, pending in the Court of learned Additional Chief Judicial Magistrate, Gumla.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR. No one has seen the petitioner committing the offence nor the petitioner was identified. He further submits that there is one other criminal case in which he has already been granted bail.
Learned A.P.P. appearing for the State opposes the prayer for bail of the petitioner and submits that though the petitioner is not named in the FIR, four innocent labourers were murdered by extremists. He further submits that though the petitioner is on bail in another case, yet the said case is also under Section 302 of the Indian Penal Code.
Thus, from the submissions of the learned A.P.P. I find that the petitioner is involved in two cases of Section 302 of the Indian Penal Code including this one. Considering the said fact, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner, namely, Bijay Kiro @ Bijay Munda @ Bijay Dang, in connection with Basia Police Station Case No.14 of 2016 corresponding to Spt-IV G.R. No.283 of 2016, pending in the Court of learned Additional Chief Judicial Magistrate, Gumla, is hereby rejected.
This application stands dismissed.
( Ananda Sen, J.)
Kumar/Cp-03
1 issue framed by the court
Whether bail should be granted to the petitioner accused of under Section 302 IPC with two prior similar charges.
Bijay Kiro @ Bijay Munda @ Bijay Dang
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
