Petitioner accused under Section 414 IPC and Arms Act sought bail. Court rejected prosecution objection, noting length of custody, and granted bail with bond and sureties.
Petitioner released on bail by furnishing a bond of Rs.20,000/- with two suretics of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 5110 of 2019
Raj Kumar Oraon
….. Petitioner
Versus
The State of Jharkhand ….. Opposite Party
CORAM
HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner: Mr. Rakesh Kumar For the State: Md. Azeemuddin, A.P.P
05/13.08.2019 Heard learned counsel for the parties.
The petitioner is an accused in a case registered for the offence punishable under Section 414 IPC and Sections 25(1-B)a/26/35 of Arms Act. However, charge has been framed under Section 414 IPC and Sections 25(1-A), (1-B)a/26/35 of Arms act.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and has not committed any offence as alleged in the F.I.R. There is alleged recovery of a looted mobile phone on the basis of the confession of the petitioner. However, the same has not been put on T.I.P. It is also submitted that there is alleged recovery of a loaded country made pistol along with a live cartridge from the possession of the petitioner. However, considering the fact that the petitioner is in judicial custody since 26.11.2018, he may be given the privilege of regular bail.
Learned A.P.P opposes the petitioner’s prayer for bail.
Considering the aforesaid facts and circumstances of the case and also the length of judicial custody, I am inclined to enlarge the petitioner on bail. Accordingly, the above named petitioner is directed to be released on bail on furnishing bail-bond of Rs.20,000/- (twenty thousand only) with two sureties of the like amount each to the satisfaction of learned A.J.C-V, Ranchi in connection with S.T. No. 226/2019.
(RAJESH SHANKAR, J)
Satish/-
1 issue framed by the court
Whether the petitioner should be granted bail considering his judicial custody duration and the nature of the offence.
Raj Kumar Oraon
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
