Bariesh Hansda Alias Barish Hansda Vs the State of Jharkhand

The petitioner is an accused in connection with Deodanr P.S. Case No.01 of 2023 dated 06.01.2023, registered under Sections 147, 149, 341, 323, 325, 337, 338, 307 & 384 of the Indian Penal Code, subsequently Section 302 IPC has been added vide order dated 09.01.2023, consequent G.R. No.544 of 2023, Subsequent S.T. Case No.122 of 2023, pending in the Court of Learned Additional Sessions Judge-I, Godda.

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It is submitted on behalf of the petitioner that the gist of the allegations as set out in the F.I.R. is that the petitioner along with co-accused persons have killed Abhishek Sah. It is submitted that the petitioner is not named in the F.I.R., although the informant is said to be the injured eyewitness and the name of this petitioner has come on the basis of confessional statement of Saiman Hansda who is set to have been enlarged on bail along with Ramjit Hansda @ Ranjit Hansda by the Co-ordinate Bench of this Court vide B.A. 610 of 2024 vide order dated 13.06.2024 and the another co-accused persons namely Sanjay Kisku, who has been named in the F.I.R., has also been enlarged by the Co-ordinate Bench of this Court Vide B.A. No.4363 of 2023 vide order date 21.08.2023 and apart from this two other named co-accused persons namely Sandip Hansda, vide Cr. Revision No.1143 of 2023 vide order dated 01.11.2023, Nirmal Baksi, Shivram

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Hansda & Vikas Hansda Vide Cr. Revision No.1167 of 2023 vide order dated 12.04.2024 have also enlarged on bail by the Co-ordinate Bench of this Court and it is further submitted that the petitioner is in jail since 07.02.2023 and the charge-sheet has been submitted, therefore the possibility of tampering with the evidence is very remote and therefore he deserves to be enlarged on bail.

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On the other hand the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner, although he did not controvert this fact that the similarly situated co-accused persons have been enlarged on bail and further he has also not controverted the fact that this petitioner has not been named in the F.I.R. and no overt act has been attributed against this petitioner.

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Having heard the parties, perused the records of this case.

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In the light of the submission advanced on behalf of the parties and under the facts and circumstances of this case, this petitioner is directed to be enlarged 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 the Court of Learned Additional Sessions Judge-I, Godda, in connection with Deodanr P.S. Case No.01 of 2023, subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned Court below and he will remain present on each and every date of the criminal trial, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provision of law.

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(Navneet Kumar, J.)

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Basant/S. Das

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2 B.A. No. 5152 of 2024

Bariesh Hansda Alias Barish Hansda v. the State of Jharkhand

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Bariesh Hansda Alias Barish Hansda v. the State of Jharkhand

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