High Court of Jharkhand granted bail to the applicant in G.R. No. 476 of 2021 involving offences under Section 394 IPC and Section 27 of the Arms Act, noting identical role to co-accused already on bail.
Relieved on bail unless sureties fail, furnished bond of Rs.20,000/- with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 10904 of 2021
Sarif Mian @ Diani ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. Ritesh Kumar, Advocate For the State : Mr. Md. Hatim, A.P.P. --------
03/02.11.2021 Heard learned counsel for the petitioner and learned A.P.P. appearing for the State.
This bail application has been filed on behalf of applicant Sarif Mian @ Diani with a prayer to release him on bail in case crime being Ghaghra P.S. Case No. 28 of 2021, corresponding to G.R. No. 476 of 2021 registered for the offence under Section 394 of the Indian Penal Code and Section 27 of the Arms Act, pending in the court of Sub Divisional Judicial Magistrate, Gumla.
Learned counsel for the applicant has submitted that the F.I.R of this case was lodged against unknown persons and name of the applicant surfaced during investigation on the basis of recovery of the mobile and the same mobile was never identified by the informant. It is also submitted that the other co-accused namely, Santosh Mahto and Raj Oraon have been granted by co-ordinate Bench of this Court in B.A. No. 11107 of 2021 and B.A. No. 11273 of 2021vide order dated 28.10.2021 and 29.10.2021. The role of the applicant is identical to the co-accused who have already been granted bail.
Learned A.P.P. has vehemently opposed the contention made by the learned counsel for the applicant and contended that the mobile and other articles who were recovered from the possession of the applicant; but he failed to show whether the same was identified by the informant.
In view of the submissions made above and considering the materials available on record, this bail application deserves to be allowed. Accordingly, the applicant, namely, Sarif Mian @ Diani be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Gumla in connection with Ghaghra P.S. Case No. 28 of 2021, corresponding to G.R. No. 476 of 2021.
(Subhash Chand, J.)
SK/
1 issue framed by the court
Whether bail should be granted to the applicant in a case involving offences under Section 394 IPC and Section 27 of the Arms Act.
Sarif Mian @ Diani
The State of Jharkhand
SUBHASH CHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
