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Jharkhand High Court

Babulal Besra vs The State Of Jharkhand on 10 February, 2015

          IN THE HIGH COURT OF JHARKHAND AT R ANCHI
                     B.A.No. 8609 of 2014
          Babulal Besra.                  ... ... ...  ...Petitioner
                           -Versus-
          The State of Jharkhand.         ... ... ...  ...Opp. Party
                           -------------
          COR AM: THE HONE'BLE MR . JUSTICE D.N.UPADHYAY

         For the Petitioner:            Mr. Anjani Kumar Singh, Advocate.
         For the State:                 A.P.P.
                          -------------
07/10.02.2015

The petitioner is an accused in a case registered under Sections147/148/149/326/307/302/353/333/324/379/224/225/427/120 (B)of the Indian Penal Code, Section 27 of the Arms Act, 4/5 of Explosive Substance Act and Section 17 of Criminal Law Amendment Act.

It reveals from the F.I.R. that members of extremist organization known as M.C.C., in order to get their associates released from jail custody, made an attack on prisoners van. They hurled bomb and resorted to indiscriminate firing in which four persons died and many passers-by and police officials had sustained injuries. In course of investigation, complicity of the petitioner has come in light and he has been remanded to jail custody.

It is submitted that petitioner has been implicated in this case on the basis of confession made by co-accused before the police. Nothing incriminating has been recovered from possession of the petitioner and no witness has named him as an offender.

Counsel for the State though opposed the prayer but concedes besides confession there is nothing in the case diary.

In the circumstances, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Ten thousand) with two sureties of like amount each to the satisfaction of the District and Addl. Sessions Judge-III, Giridih in connection with Giridih (M) P.S. Case No. 290/2012, corresponding to G.R.No. 2693/2012 (S.T.No.141/2013).

[D.N.Upadhyay,J.] P.K.S.