Jharkhand High Court
Sunny Bhumij @ Sunny Sardar vs The State Of Jharkhand .... .... Opp. ... on 15 July, 2022
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 7438 of 2022
Sunny Bhumij @ Sunny Sardar .... ..... Petitioner
Versus
The State of Jharkhand .... .... Opp. Party
CORAM: HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioner : Mr. Vikas Kumar, Advocate For the State : Mr. S.S. Kumar, A.P.P.
3/15.07.2022 Heard learned counsel for the applicant and learned APP for the State.
The bail application has been filed on behalf of the abovenamed applicant with a prayer to release on bail in connection with Bagbera P.S. Case No.91/2017 under sections 147, 148, 149, 323, 324, 307, 379, 337, 338, 302, 386, 342, 341, 326, 114, 120B of IPC, pending in the court of learned Additional Sessions Judge-Ist, Jamshedpur.
Learned counsel for the applicant has submitted that FIR of this case was lodged against 17 named accused and unknown persons with these allegations that two child lifters were apprehended by the mob and all assaulted to both of them. As a result of sustaining injuries, both alleged child lifters died and FIR was lodged against 17 named accused persons and unknown persons.
The learned counsel for the applicant has also submitted that the name of the applicant figured in the FIR. The role assigned to all the named accused and unknown persons are general and omnibus. His name transpired during investigation in the confessional statement of the co-accused and the co-accused Jagdish Sardar @ Bhumij has been granted bail in B.A.No.6607/2017 vide order dated 20th September, 2017 by the co-ordinate bench of this court. The other co-accused namely Gulam Sardar, Rajesh Tudu, Jawahar Lal Sardar, Ganesh Mandal, Dara Mandal @ Dara Singh Mandal, Gopal Hansda, have been granted bail in B.A. Nos. 6790/2017, 7599/2017, 8416/2017, 7607/2017, 8424/2017 vide order dated 13.10.2017, 01.11.2017, 29.11.2017, 05.12.2017, 06.12.2017 respectively by the co- ordinate bench of this court. The applicant has been languishing in jail since 11.02.2022.
Learned APP appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended it is a case of mob lynching and no specific role has been assigned to the applicant.
In view of the submissions made and the materials on record, the bail application of the applicant is allowed. Let the applicant be released on bail on furnishing bail bond of Rs.30,000/- (Rupees thirty thousand) with two sureties of like amount to the satisfaction of the court concerned in the aforesaid case.
(SUBHASH CHAND, J.) tarun