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Birsa Surin Alias Besra Surin v. the State of Jharkhand

Jharkhand HC4 Jan 2021B.A./5447/2020

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted bail to three petitioners accused in a murder and witchcraft case following arguments regarding false implications and last-see theory defenses. Bail was granted on security of Rs. 25,000 each with conditions to cooperate with the trial.

What did the court decide?

Petitioners directed to be enlarged on bail on furnishing bond of Rs. 25,000 each with two sureties, on condition of cooperating with the trial.

Birsa Surin Alias Besra Surin Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No.5447 of 2020

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Birsa Surin @ Besra Surin

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Panchay Surin @ Paltan Surin

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Ponda Surin @ Ponde Surin … Petitioners

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Versus

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The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Anjani Kumar, Adv. For the State : Mr. Rajendra Ram Ravi Das, Addl. P.P.

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------

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04/04.01.2021 Heard the parties through video conferencing.

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The petitioners have been made accused in connection with Goilkera P.S. Case No.28 of 2019 corresponding to G.R. No.02 of 2020 registered under Section 302, 201, 34 of the Indian Penal Code and Section 3 & 4 of the Prevention of Witch (Daain) Practice Act.

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Learned counsel for the petitioners submits that the allegation against the petitioners is that they were involved in the murder of the mother of the informant. It is submitted that the allegation against the petitioners is false. It is further submitted that the petitioners have been implicated in this case only on the basis of suspicion as they used to call the deceased as ‘ Daain’ . It is also submitted that the last seen theory that too about twelve days prior to the recovery of the dead body of the deceased was against the coaccused Sikandar Surin and the post-mortem report reveals that the death of the deceased was 65-72 hours prior to the conducting of the post-mortem report. It is then submitted that the petitioners undertake that they will co-operate with the trial of the case. It is lastly submitted that the petitioners have been in custody since 03.10.2019 which is evident from para-21 of the instant bail application. Hence it is submitted that the petitioners be released on bail.

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Learned Addl. P.P. opposes the prayer for bail.

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Considering the facts of this case, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Porahat at Chaibasa in connection with Goilkera P.S. Case No.28 of 2019

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corresponding to G.R. No.02 of 2020 with the condition that they will co-operate with the trial of the case.

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Animesh/

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(Anil Kumar Choudhary, J.)

Birsa Surin Alias Besra Surin v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Birsa Surin Alias Besra Surin v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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