Satyendra Yadav vs State Of Jharkhand on 30 January, 2012

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Jharkhand High Court

Satyendra Yadav vs State Of Jharkhand on 30 January, 2012

Bench: H.C. Mishra

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        B.A. No. 39 of 2012
                                   with
                        B.A. No. 490 of 2012

         Satyendra Yadav (in B.A. No. 39 of 2012)          .....     Petitioner
         Dirigdeo Paswan @ Gorila Jee (in B.A. No. 490 of 2012)..... Petitioner
                              Versus
         The State of Jharkhand                            ....        Opposite Party

         CORAM:         HON'BLE MR. JUSTICE H.C. MISHRA

         For the Petitioner (in both cases)        : Mr. S.P. Sinha, Advocate
         For the State                             : A.P.P.

                             -----
2 /30.01.2012

Both these applications arise out of the same F.I.R., and as such, they are taken up together and disposed of by this common order.

Heard learned counsel for the petitioners and learned A.P.P. for the Prosecution.

Petitioners have been made accused for the offence under Sections 147/148/149/353/307/302 of the Indian Penal Code, Section 27 of the Arms Act, 3/4 of Explosive Substance Act and Section 17 of the Criminal Law (Amendment) Act in connection with Mohammadganj P.S. Case No.29 of 2009 corresponding to G.R. No. 2031 of 2009 (S.T. No.204 of 2011).

Case was instituted against 100-150 unknown extremists and from the F.I.R. itself it appears that there was an encounter between the police party and the extremists, in which one police personnel was killed and two were injured.

Learned counsel for the petitioners has submitted that petitioners have been falsely been implicated in this case and in the case diary it has come that petitioners are named only by spy and thereafter they were named in the confessional statement of co-accused. Learned counsel for the petitioners accordingly prayed for bail.

Learned A.P.P. through opposed the prayer for bail, but he has very fairly conceded that petitioners have been named by the spy and in the confessional statement of co-accused and these apart, there is no other material against the petitioners.

In the facts and circumstances of the case, I am inclined to release the petitioners on bail. Accordingly, the petitioners Satyendra Yadav and Dirigdeo Paswan @ Gorila Jee are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of learned Sessions Judge, 1st, Palamau at Daltonganj in connection with Mohammadganj P.S. Case No.29 of 2009 corresponding to G.R. No. 2031 of 2009 (S.T. No.204 of 2011).

(H. C. Mishra, J) R.K.

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