Jharkhand High Court
Shyam Pahan vs The State Of Jharkhand .... .... Opp. ... on 24 March, 2022
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 1269 of 2022
Shyam Pahan. ..... ... Petitioner
Versus
The State of Jharkhand .... .... Opp. Party
--------
CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
--------
For the Petitioner : Mr. Ritesh Kumar, Advocate
For the State : Ms. Snehlika Bhagat, A.P.P.
--------
03/ 24.03.2022 Heard learned counsel for the applicant and learned A.P.P. for the State.
This bail application has been filed on behalf of the applicant-Shyam Pahan with prayer to release on bail in connection with Arki P.S. Case No. 06 of 2011, registered under Sections 147/148/149/323/324/326/307/353/427/124-A,153-B of the Indian Penal Code, under Section 25(1-b)a/25 (1-A)/26/27/35 of the Arms Act and under Sections 3/4/5 of Explosive Substance Act and Section 13/18/18A of UA (P) Act as amendment in 2008, pending in the court of the District & Additional Sessions Judge-I, Khunti.
Learned counsel for the applicant has submitted that as per F.I.R. version the police had received information from S.P., Khunti that under the leadership of the applicant-Shyam Pahan along with other co-accused had assembled near Jharangburu mountain for getting arms training and whoever protested them, they were to kill them. On this information the informant along with police party proceeded at the spot. Firing exchanged between the police personnel and the miscreants. Arms and ammunitions was also recovered from there.
Learned Counsel for the applicant has submitted that this F.I.R. was lodged against eleven accused persons and 50 to 60 unknown miscreants. The allegations made against all the co-accused persons are general and omnibus. No specific role has been assigned to the applicant.
Similarly situated co-accused person Dimba Pahan, who is also named in the F.I.R. has been granted bail in B.A.No. 4561 of 2020 vide order dated 24.09.2020 by a Co-ordinate Bench of this Court and the applicant has been languishing in jail since 23.03.2017.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that the it was the applicant who had headed all the extremist and in this occurrence several police personnel sustained injuries. The applicant is also having criminal antecedent of 31 cases.
In view of the submissions made and materials on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on 2 furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.
(Subhash Chand, J.) P.K.S.