Court granted regular bail to the petitioner charged with murder, noting absence of eyewitness and custody duration since 21.08.2019, directing release on medical checkup.
Petitioner directed to be released on bail on furnishing bond and two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI [CRIMINAL MISCELLANEOUS JURISDICTION] B.A. No. 5024 of 2020
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Birendra Kumar @ Mangar Bhuiyan …… Petitioner Versus The State of Jharkhand …… Opposite Party -----
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing)
----- For the Petitioner : Mr. Sheo Kumar Singh, Advocate For the State : Mr. Rakesh Ranjan, A.P.P . -----
03/Dated: 05/10/2020:
Learned counsel for the petitioner has given an undertaking to comply the previous order with regard to removal of the defect(s).
Heard, learned counsel for the petitioner, Mr. Sheo Kumar Singh and learned counsel for the State, Mr. Rakesh Ranjan.
Learned counsel for the petitioner has submitted that petitioner has prayed for grant of regular bail in connection with Nawa Jaipur P.S. Case No.02 of 2019, corresponding to G.R. Case No.1223 of 2019 (S.T. No.514 of 2019), for the offence registered under Sections 302/201 IPC.
Learned counsel for the petitioner has submitted that the instant FIR has been lodged against some unknown persons. During investigation on the basis of suspicion, the petitioner has been made accused, but there is no eye witness to the occurrence.
Learned counsel for the petitioner has further submitted that under these circumstances, petitioner is in custody since 21.08.2019, as such, he may be enlarged on regular bail.
Learned counsel for the State has opposed the prayer for bail and has submitted that from the counter-affidavit, it appears that there is no eyewitness to the occurrence nor there is any circumstantial material collected by the police to establish that the case against the petitioner rather it is alleged that this petitioner had some disputes with the deceased two years ago and he was sent to the jail and thereafter he was released on bail. After that the occurrence was remembered by the petitioner, as such, he has committed such offence.
After hearing, learned counsel for the parties and perusing the materials brought on record and looking to the facts and circumstances of the case and considering that there is no eye-witness to the occurrence and considering the
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custody of the petitioner i.e. 21.08.2019, this Court is inclined to grant Bail to the petitioner. Accordingly, petitioner (Birendra Kumar @ Mangar Bhuiyan), is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Palamau at Daltonganj in connection with Nawa Jaipur P.S. Case No.02 of 2019, corresponding to G.R. Case No.1223 of 2019 (S.T. No.514 of 2019) on the following conditions:-
(i) One of the bailors shall be deponent/parivikar of the present case namely, Basanti Kunwar, W/o Kamesh Bhuiya, R/o Village- Khajuri Ruddin P.O. & P.S.- Patan & District- Palamau (Jharkhand), who has furnished photocopy of his UID Card bearing No.5458 0565 3306 before this Court in the bail application.
Office is directed to send photo copy of the UID Card bearing No. 5458 0565 3306 of deponent along with this order to the court below so as to verify the authenticity of the bailor.
(ii) Another bailor shall be mother/father/brother/sister/son.
( iii ) Petitioner shall appear on each and every date before the learned trial court till conclusion of the trial.
(iv) The Jail Authority shall release the petitioner only after his medical checkup.
(v) The Civil Surgeon, Palamau is directed to medically examine the petitioner at the time of his release and if require, petitioner shall be taken for quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.
(vi) Petitioner shall also comply with all the guidelines issued by the Government to meet the challenges of Covid-19, as the country is passing through Pandemic of Covid-19.
( Kailash Prasad Deo, J.)
Sandeep/R.S.
1 issue framed by the court
Whether the petitioner should be granted bail in a murder case with no eyewitness.
Birendra Kumar @ Mangar Bhuiyan
The State of Jharkhand
KAILASH PRASAD DEO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
