The High Court allowed a bail application filed by Abhishek Kumar Singh, observing he is not named in the FIR and noting recovery of a motorcycle from his premises. The petitioner posted a bond of Rs.25,000 with two sureties.
Petitioner released on bail by furnishing bond of Rs.25,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.10891 of 2021
Abhishek Kumar Singh ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. Santosh Kr. Jha, Advocate For the State : Mr. Bhola Nath Ojha, A.P.P. --------
02/02.11.2021 Heard learned counsel for the petitioner and learned A.P.P. for
the State.
Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office within a period of one week.
This bail application has been filed on behalf of the petitioner– Abhishek Kumar Singh with prayer to release on bail in connection with Godda (T) P.S. Case No.249 of 2020, corresponding to G.R. No.1528 of 2020 registered under Sections 324/307/302/120-B/34 of the Indian Penal Code and Section 27 of the Arms Act pending in the court of learned Chief Judicial Magistrate, Godda.
Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R. The name of petitioner has surfaced in the confessional statement of co-accused Raja Kumar Singh, who is also not named in the F.I.R. The said co-accused Raja Kumar Singh has already been granted bail by a co-ordinate Bench of this Court vide order dated 7th July, 2021 passed in B.A. No.5574 of 2021. It is further submitted that the named accused Sumesh Kumar Singh @ Sumesh Singh has also been granted bail by a co-ordinate Bench of this Court vide order dated 4th March, 2021 passed in B.A. No.2341 of 2021. The role of the petitioner is identical and lesser to those of co-accused, who have been granted bail by this Court.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the petitioner and contended that the motorcycle which was used in commission of the offence was recovered from the house of the petitioner-accused.
In view of the submissions made and material on record, the bail application of the petitioner is deserved to be allowed.
Accordingly, the petitioner be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court of learned Chief Judicial Magistrate, Godda.
(Subhash Chand, J.)
Rohit
2 issues framed by the court
Whether the petitioner is entitled to bail in the name of absence in the initial FIR despite being implicated via confessional statement and recovery of a motorcycle from his house.
Whether identical role and bail of co-accused support the petitioner's bail prayer.
Abhishek Kumar Singh
The State of Jharkhand
SUBHASH CHAND
As recorded by the court registry
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