Jharkhand High Court
Chandeshwar Yadav Alias Chaneshwar ... vs The State Of Jharkhand on 2 September, 2016
Author: H. C. Mishra
Bench: H. C. Mishra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 6454 of 2016
With
B.A. No.6458 of 2016
Chandeshwar Yadav @ Chaneshwar Yadav ...... Petitioner
(B.A No.6454/16)
Puranchand Yadav @ Puranchand Yadav Yadav ...... Petitioner
(B.A No.6458/16)
Versus
The State of Jharkhand ...... Opposite Party
(In both cases)
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CORAM : THE HON'BLE MR. JUSTICE H. C. MISHRA
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For the Petitioners : Mr. A.K. Chaturvedy, Advocate.
For the State : A.P.P.
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5/02.9.2016Both these applications arise out of the same case and as such, they are being disposed of by this common order.
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners have been made accused in connection with Itkhori P.S case No. 86 of 2014 corresponding to G.R No.1523 of 2014, S.T No.179 of 2015, for the offence under Sections 147, 148, 149, 325, 341, 342, 307, 302, 353, 333, 427, 504, 120-B of the Indian Penal Code, Section 27 of the Arms Act, Sections 3/4/5 of the Explosive Substance Act and Section 17 (1) (ii) of the CLA Act as also Sections 10/13 of the UAP Act.
There was a land-mine explosion in which a police vehicle was damaged, followed by the encounter between the police party and the members of extremist group, in which, one police personnel was killed and others were injured. Earlier the bail applications of these petitioners were rejected on merits.
Learned counsel for the petitioners has renewed the prayer for bail, submitting that the informant and the other police personnel who were the victims of the case, have been examined in the Court below, but they have not identified the petitioners in the Court below. The depositions of the witnesses have been brought on record.
In the facts and circumstances of the case, I am inclined to enlarge the petitioners, Chandeshwar Yadav @ Chaneshwar Yadav & Puranchand Yadav @ Puranchand Yadav Yadav, on bail. Accordingly, the petitioners, named above, are directed to be released on bail, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-II, Chatra, in connection with Itkhori P.S case No. 86 of 2014, corresponding to G.R No.1523 of 2014, S.T No.179 of 2015.
( H. C. Mishra, J.) BS/