Petitioner in custody under various IPC sections including 307 sought regular bail. Court considered submissions and allowed bail on furnishing bond with sureties.
Petitioner released on bail on furnishing bond of Rs. 25,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 960 of 2023
Kandae Manki @ Kandae Bhengra .... .. ... Petitioner(s) Versus The State of Jharkhand. .. ... ...Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. A. K. Chaturvedy, Advocate For the State : Mr. S. K. Shukla, APP
02/ 16.02.2023 . Petitioner above-named who is in custody since 25.11.2022 has moved this
Court for grant of regular bail in connection with Arki P.S. Case No.45 of 2022 corresponding to G.R. No.491 of 2022 (S) registered under Sections 341, 342, 323, 307, 452, 364, 511, 427, 506/ 34 of the Indian Penal Code.
Heard the parties.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence.
It is further submitted that the offence under Section 307 IPC is not made out as the incidence took place on a dispute over the boundary wall and gate.
It is submitted that the name of the petitioner transpired on the basis of confessional statement of co-accused who has already been enlarged on regular bail.
Learned APP for the State has vehemently opposed the prayer.
Considering the submissions of learned counsel and the fact as discussed above, the bail application is allowed. Accordingly, the petitioner named above shall be released 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 Court below.
Sandeep/
2 issues framed by the court
Whether bail should be granted to the petitioner in cases under Sections 307, 341, 342, 323, 452, 364, 511, 427, 506/34 IPC
Whether the petitioners innocence and dispute over boundary wall justify bail
2 provisions across 2 enactments
Kandae Manki @ Kandae Bhengra
The State of Jharkhand
Gautam Kumar Chaudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
