The High Court of Jharkhand granted bail to the petitioner in a criminal case. The petitioner undertook to remove stamp defects within two weeks and cooperate with the trial. Bail was granted on a bond with sureties.
Petitioner directed to be enlarged on bail upon furnishing a 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.1670 of 2021
Birendra Yadav … Petitioner Versus The State of Jharkhand … Opposite Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mrs. Rashmi Kumar, Adv. For the State : Mr. Veervijay Pradhan, Addl. P.P.
02 /24.02.2021 Heard the parties through video conferencing.
Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has been made accused in connection with Jainagar P.S. Case No. 249 of 2020 registered under sections 323, 325, 341, 353, 307, 504, 427, 120B/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of the common intention with the co-accused person assaulted the Excise Officer. It is submitted that the allegation against the petitioner is false. It is also submitted that the co-accused, with similar allegation, has been admitted to bail by the Co-ordinate Bench of this Court vide order dated 08.02.2021 passed in B.A. No. 521 of 2021. It is then submitted that the petitioner undertakes to co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 03.11.2020 as mentioned in paragraph 9 of the bail application. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. opposes the prayer for bail.
Considering the facts of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/(Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Koderma in connection with Jainagar P.S. Case No. 249 of 2020 with the condition that he will cooperate with the trial of the case.
(Anil Kumar Choudhary, J.)
Pappu/
1 issue framed by the court
Whether to release the petitioner on bail given his undertaking to cure procedural defects and cooperate with the trial.
Birendra Yadav
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
