Jharkhand High Court
Rahul Kumar @ Bauwa vs The State Of Jharkhand ..... Opp. Party on 15 May, 2019
Author: Prashant Kumar
Bench: Prashant Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4254 of 2019
Rahul Kumar @ Bauwa ..... Petitioner(s)
Versus
The State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
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For the Petitioner(s) : Mr. Mohit Prakash, Advocate For the State : A.P.P
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03/Dated: 15/05/2019 Office is directed to correct the alias name of the petitioner.
Bail application filed on behalf of Rahul Kumar @ Bauwa is moved by Mr. Mohit Prakash, learned counsel for the petitioner and opposed by Mr. Abhay Kr. Tiwari, learned Additional P.P. for the State.
The petitioner is accused in connection with Gumla P.S. Case No.81/2019, registered under Sections 385/387/34 of the Indian Penal Code and Section 27 of Arms Act, pending in the Court of learned Chief Judicial Magistrate, Gumla.
It is submitted that there is no allegation of extortion against this petitioner. The only allegation against him in the F.I.R is that he along with other co-accused had fired on the shop of the informant, but none had received any injury. It also appears that the name of the petitioner came in the light of this case on the basis of gossip of the people gathered at the place of occurrence and the name of such people has not been disclosed in the F.I.R. It is further submitted that the petitioner is in custody since 16.03.2019 and the case is triable by the Court of Magistrate. Accordingly, it is prayed that petitioner may be enlarged on bail.
On the other hand learned A.P.P opposed the prayer for bail.
Having heard the submissions, I have gone through the records of the case. Taking into account that there is no allegation of extortion against this petitioner and nothing has been recovered from his possession and also taking into account that this is a Magisterial triable case and petitioner is in custody since 16.03.2019, I allow this bail application and I direct the court below to release the petitioner on bail on furnishing his bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gumla, in connection with Gumla P.S. Case No.81/2019.
(Prashant Kumar, J.) SD/Pramanik