Jharkhand High Court
Birendra Singh vs The State Of Jharkhand. ... ... Opp. ... on 21 October, 2019
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 8995 of 2019
1. Birendra Singh
2. Ashish Yadav ... ... Petitioners
Versus
The State of Jharkhand. ... ... Opp. Party
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioners : Ms. Renu Bala, Advocate For the Resp.-State : Ms. Vandana Bharti, Advocate
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05/21.10.2019:
1. Heard Ms. Renu Bala, counsel appearing on behalf of the petitioners.
2. Heard Ms. Vandana Bharti, counsel appearing on behalf of Respondent-State.
3. Counsel for the petitioners submits that the petitioners are in custody since 25.01.2019 in connection with Chhipadohar P.S. Case No. 04/2019 for alleged offence registered under Sections 147/148/149/353/307 of the Indian Penal Code and Sections 25(1-B) (1-A)/26/27/35 of the Arms Act and Section 17 of the C.L.A. Act, now said to be pending in the court of learned S.D.J.M., Latehar.
4. Counsel for the petitioners submits that the petitioners had filed regular bail application being B.A. No. 3692 of 2019, in which they were granted bail by this Court vide order dated 22.07.2019.
However, on account of certain errors regarding the case details, they filed Cr. M.P. No. 2634 of 2019 for modification of bail order dated 22.07.2019, which was dismissed by this Court vide order dated 17.09.2019 by giving a liberty to the petitioners to file a fresh bail application and accordingly, the instant bail application has been filed by the petitioners.
5. Counsel for the petitioners further submits that although the petitioners are named in the FIR, but the petitioners were neither apprehended on the spot nor there is any recovery from the 2 possession of the petitioners. She submits that the name of the petitioners have come in the confessional statement of one co- accused, namely, Guju Bhuiyan @ Gujju Bhuiya who was apprehended on the spot with fire arms and has been enlarged on bail on the ground of his custody since 22.01.2019 by a Co- ordinate Bench of this Court in B.A. No. 7246 of 2019 vide order dated 19.09.2019.
6. Counsel appearing on behalf of the State, on the other hand, opposes the prayer for bail, but does not dispute the fact that the co-accused who was apprehended on the spot, namely, Guju Bhuiyan @ Gujju Bhuiya has been enlarged on bail in B.A. No. 7246 of 2019 vide order dated 19.09.2019.
7. Considering the aforesaid facts and circumstances of this case and considering the fact that the co-accused, namely, Guju Bhuiyan @ Gujju Bhuiya, who was apprehended on the spot with fire arms, has been enlarged on bail by a Co-ordinate Bench of this Court in B.A. No. 7246 of 2019, the petitioners are directed to be enlarged on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty- five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Latehar in connection with Chhipadohar P.S. Case No. 04/2019 on the following conditions:
(i) One of the bailors should be father of the petitioners.
(ii) The petitioners shall appear before the learned court below on each and every date and on account of even single default, their bail bond will be cancelled by the learned court below.
(iii) The petitioners shall cooperate with the proceedings before the learned court below.
8. The instant application is allowed with the aforesaid conditions.
9. Let the order be immediately communicated to the court concerned through 'FAX'.
(Anubha Rawat Choudhary, J.) Mukul/-