HIGH COURT OF JHARKHAND AT RANCHI B.A. No.…
Directed release on bail subject to conditions including furnishing a bond of Rs.10,000 with sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9834 of 2023
CORAM : SRI ANANDA SEN, J.
For the Petitioner(s) : Mr. A.K. Chaturvedy, Advocate For the State : Mr. Rajneesh Vardhan, A.P.P.
05/01.12.2023: Heard learned counsel for the parties.
The petitioner is praying for grant of bail as he is in custody for allegedly committing offence punishable under Sections 147, 148, 149, 386, 387, 379, 323, 436 and 427 of IPC, Section 27 of Arms Act and Section 17(i)(ii) of Criminal Law Amendment Act in connection with Piparwar P.S. Case No.37 of 2017, corresponding to G.R. No.1440 of 2017, pending in the Court of learned Sub-Divisional Judicial Magistrate, Chatra.
It is alleged that some miscreants armed with weapon entered the Rajdhar Railway Siding at about 11.30 P.M. and threatened the labourers. It is also alleged that they set fire on one motorcycle and one Hywa stating that since no levy was paid to the extremist organization, the work not be allowed to continue.
From the impugned order, I find that admittedly the petitioner was not apprehended from the spot. It is further apparent from the impugned order that the name of the petitioner transpired from the confessional statement of Raju Mahto and Pradeep Mahto.
Admittedly, the petitioner is in custody since 08.08.2023 and chargesheet has already been filed against the petitioner.
Further, the co-accused persons namely, Raju Mahto and Pradeep Mahto have been granted bail by this Court in B.A. No.20 of 2018 and B.A. No.34 of 2018 on 27.03.2018.
Considering the custody of the petitioner and the fact that chargesheet has been submitted and name of the petitioner was transpired from the confessional statement of co-accused, I am inclined to grant bail to
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the petitioner. Accordingly, 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 the learned Sub-Divisional Judicial Magistrate, Chatra in connection with Piparwar P.S. Case No.37 of 2017, corresponding to G.R. No.1440 of 2017 subject to the conditions that one of the bailors should be a close relative of the petitioner, having sufficient landed property in his own name within the State of Jharkhand with a further condition that the petitioner will appear before the trial court, once in two months till completion of the trial. If he fails to appear in any particular period, his bail bonds shall stand cancelled and the trial court will take all coercive steps for his re-arrest.
(ANANDA SEN, J.)
R.S./
1 issue framed by the court
Whether bail should be granted to the petitioner facing charges under Sections 147, 148 IPC and others.
The Petitioner
The State
Ananda Sen
As recorded by the court registry
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