Bail application by a petitioner accused of offences under Sections 379, 411, and 401 IPC. Petitioner argued non-mention in FIR and custody based on co-accused statement. Court granted bail with security.
Petitioner directed to be released on bail on furnishing Rupees twenty-five thousand bond with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 137 of 2019
Shyam Sundar Singh @ Shyam Sundra Singh … Petitioner Versus
The State of Jharkhand ….. Opp. Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
----- For the Petitioner : Mr. Suraj Singh, Advocate For the State : A.P.P
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04 /Dated: 07/02/2019
The petitioner has been made accused for the offence under Sections 379/411/401 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that petitioner is not named in the FIR and he has been implicated in this case on the basis of confessional statement of co-accused and petitioner is in custody since17.08.2018. Hence, petitioner deserves bail.
Learned APP has opposed the prayer for bail.
It appears that similarly situated co-accused Jitendra Kumar @ Jitu and Ahmad Raza Khan have been granted bail by a coordinate Bench of this Court on 22.11.2018 in BA No.9293/2018.
Be that as it may, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty-five Thousand) with two sureties of like amount each to the satisfaction of CJM, Garhwa, in connection with Garhwa P.S. Case No. 251/2018, corresponding to G.R. No. 1300/2018 and subject to the further conditions as follows:
Let a copy of this order be communicated to the court below through FAX.
(Anant Bijay Singh, J.)
Raman /-
1 issue framed by the court
Whether the petitioner, who is in custody solely based on a co-accused's confessional statement and not named in the FIR, is entitled to bail.
Shyam Sundar Singh @ Shyam Sundra Singh
The State of Jharkhand
ANANT BIJAY SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
