Jharkhand High Court
Raushan Jee @ Dashrath Oraon @ Dasrath ... vs The State Of Jharkhand .... .... Opp. ... on 12 August, 2024
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.833 of 2024
Raushan Jee @ Dashrath Oraon @ Dasrath Oraon, aged about 48 years, S/o
Dhanu Oraon, R/o Village Suiyatand, PO Saradhu, PS Tandwa, District
Chatra, Jharkhand. ..... ... Petitioner
Versus
The State of Jharkhand .... .... Opp. Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioner : Mr. Vishnu Prabhakar Pathak, Advocate
For the State : Mr. Sardhu Mahto, APP
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09/12.08.2024 Heard learned counsel for the applicant and learned A.P.P. for
the State.
2. This bail application has been filed on behalf of the applicant- Raushan Jee @ Dashrath Oraon @ Dasrath Oraon with prayer to release on bail in connection with Manika P.S. Case No.67 of 2014, corresponding to G.R. No. 425 of 2014 [S.T. No. 146 of 2018(s)] registered under Sections 147, 148, 149, 452, 342, 323, 307 of the Indian Penal Code and section 17 CLA Act, pending in the court of learned Additional Sessions Judge-1, Latehar.
3. As per allegations made in the FIR on 13.06.2014 at 4 O'clock the wife of the informant came outside the house and saw the squad of Maoist standing just out side her house and asked about Shiv Yadav i.e. the informant. The wife of the informant stated that he is not in house, had gone towards the river. All the miscreants intruded in the courtyard and forcibly opened the gate and having seen the informant inside the house, they all tied the hands of the informant and took him outside. The informant saw there Shivlal Yadav, Udeshwar Yadav, Birendra Yadav @ Shankar Yadav, Damodar Yadav, Shantosh Yadav and 30 to 40 other members of banned organization alongwith Shobha Devi @ Shobha Thakurian. The villagers also protested them but they assaulted the villagers thereafter assaulting the informant brutally moved towards the Betla and this FIR was registered against the eight named accused including the present petitioner.
4. The learned counsel for the petitioner has submitted that though the petitioner is named in FIR and general and omnibus role has been assigned to all the named accused and unknown miscreants. The petitioner has also surrendered under the scheme of State Government on 20.03.2023 before the DIG, Palamau region and also the SSP, Latehar. The copy of the surrender certificate is made annexure no.2 of this bail petition in which the surrender has been accepted.
5. The learned APP for the State opposed the contentions made by the learned counsel for the petitioner and conceded in regard to the surrender being made by the petitioner under the government scheme.
6. In view of the above the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.
(Subhash Chand, J.) RKM 2