The High Court of Jharkhand granted bail to the petitioner, an accused in a dacoity and arms offence case, directing him to furnish a bond of Rs. 10,000 with two sureties, one being a close relative.
Direction to release the petitioner on bail on furnishing a bond of Rs. 10,000 with two sureties, one being a close relative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.9660 of 2021
Santosh Pandit ... Petitioner
-Versus-
The State of Jharkhand … Opposite Party ---------
CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD [Through Video Conferencing]
-------For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate For the State : Mrs. Nehala Sharmin, A.P.P. --------- Order No.03 Dated 22nd October, 2021
The petitioner is an accused in connection with Palajori P.S. Case No.38 of 2021 registered for the offence under Sections 399 and 402 of the Indian Penal Code and Sections 25 (1-B), (a)/26/35 of Arms Act.
Heard Mr. R.S Mazumdar, learned senior counsel for the petitioner and Mrs. Nehala Sharmin, learned counsel for the State.
It has been submitted by the learned counsel for the petitioner that the petitioner has been named merely on suspicion by the police party. Learned counsel for the petitioner has also submitted that co-accused namely, Rahul Kumar Sah, Nadim Ali and Md. Babar Ansari @ Babar Ansari have already been granted bail by the Co-ordinate Bench of this Court in B.A. No.8823 of 2021, B.A. No.8905 of 2021, B.A No.8264 of 2021 vide orders dated 22.09.2021, 27.09.2021 and 13.09.2021 respectively. Learned counsel for the petitioner has further submitted that the petitioner is in custody since 23.05.2021 and hence, he may be enlarged on bail.
On the other hand, learned A.P.P. has opposed the prayer for bail made by the petitioner.
It appears that this is a case of preparation to commit dacoity by five persons. It also appears that co-accused namely, Rahul Kumar Sah, Nadim Ali and Md. Babar Ansari @ Babar Ansari have already been granted bail by the Co-ordinate Bench of this Court in B.A. No.8823 of 2021, B.A. No.8905 of 2021, B.A No.8264 of 2021 vide orders dated 22.09.2021, 27.09.2021 and 13.09.2021.
On considering the above facts, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhupur at
Deoghar in connection with Palajori P.S. Case No.38 of 2021, subject to the condition that one of the bailors should be close/own relative of the petitioner.
( Sanjay Prasad, J .)
Raja/-
2 issues framed by the court
Whether the petitioner, accused in a case of preparation to commit dacoity and arms offences, should be enlarged on bail considering that co-accused have already been granted bail.
Whether the condition that one bailor be a close relative is sufficient for granting bail in this case.
2 provisions across 2 enactments
Santosh Pandit
The State of Jharkhand
Sanjay Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
