This bail application grants the release of petitioners Parsuram and Jagannath Kumbhakar in P.C. Case No. 81 of 2010, following the bail order for a co-accused.
Released on bail on furnishing a bail bond of Rs. 10,000 each with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5223 of 2019
Heard the learned counsel appearing for the petitioners, the learned APP appearing for the State and the learned counsel appearing for the opposite party No. 2.
Petitioners are accused in connection with P.C. Case No. 81 of 2010.
It has been alleged the accused persons had taken an advance consideration money of Rs. 7 Lakhs from the complainant. A general Power of Attorney was executed in favour of complainant and his partners on 20.05.2010. The complainant and his partners went to the land for demarcation and they were restrained by the accused on the ground that Power of Attorney has been revoked by them.
It has been stated by the learned counsel for the petitioners that two of the co-accused persons Shivcharan Kumbhkar and Madhusudan Kumbhkar have been granted bail by this Court in B.A. No. 6951 of 2015. It has also been stated that co-accused Kashinath Kumbhkar whose name figures in agreement for sale has also been granted bail by this Court in B.A. No. 5559 of 2019. Learned counsel submits that the dispute appears to be civil in nature and the petitioners are in custody since 09.04.2019 and 08.04.2019 respectively.
Learned counsel appearing for the opposite party No. 2 has opposed the prayer made by the petitioner and has stated that the huge amount was duped by the petitioners and they are the main persons who have taken part in the commission of the offence and therefore their case cannot be equated with the co-accused persons who have been granted bail by this Court.
It appears that the case of the petitioners stands similar to that of Kashinath Kumbhkar as his name also figures in the agreement for sale along with petitioners and he has been granted bail by this Court in B.A. No. 5559 of 2019.
Regard being had to the aforesaid fact as also the period of custody, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Seraikella-Kharswan in connection with P.C. Case No. 81 of 2010.
(RONGON MUKHOPADHYAY,J.)
MK
1 issue framed by the court
Whether the petitioners accused in P.C. Case No. 81 of 2010 should be released on bail.
Parsuram Kumbhakar
Jagannath Kumbhakar
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
