Ajay Bhuiyan v. the State of Jharkhand
Case brief
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COURT OF JHARKHAND AT RANCHI B.A. No. 9617…
COURT OF JHARKHAND AT RANCHI B.A. No. 9617…
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 9617 of 2021
Ajay Bhuiyan …... …. Petitioner Versus The State of Jharkhand .…. … Opp. Party -------- CORAM : HON’BLE MR. JUSTICE AMBUJ NATH -------For the Petitioner : Mr. Shailesh, Advocate For the State : Mr. S.K.Srivastava, A.P.P --------
The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.
05/ Dated 17.11.2021
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has been made accused in connection with Katras P.S. Case No.197 of 2020, S.T No.61 of 2021 for the offence under Sections 392 of the Indian Penal Code, pending in the Court of learned A.D.J.-VI, Dhanbad.
It is alleged that on the intervening night of 10th August, 2020, unknown persons committed theft in the house of the informant. Subsequently, it transpired that more than five persons have participated in the said offence. Accordingly, the case was converted under Section 395 of the Indian Penal Code.
The petitioner is not named in the FIR. He has confessed his guilt and stated that one Bichia was given to him as his share of booty. However, the same has not been recovered as is apparent from the case diary.
Regard being had to the facts and circumstances of the case, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, 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 A.D.J.-VI, Dhanbad, in connection with Katras P.S. Case No.197 of 2020, S.T No.61 of 2021.
(Ambuj Nath, J.)
BS/
3 issues framed by the court
Whether the petitioner should be released on bail in the pending theft/rowdy attack case.
Whether the deposition of confiscated amount of testimony recovered the booty.
Whether the petitioner should be directed to furnish bail bonds for the release from custody.
Ajay Bhuiyan
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court