Jharkhand High Court
Brindabad Dutta @ Brindawan Dutta vs The State Of Jharkhand ...... Opposite ... on 11 February, 2022
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 12229 of 2021
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Brindabad Dutta @ Brindawan Dutta ...... Petitioner Versus The State of Jharkhand ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Chandrajit Mukherjee, Advocate
For the State : Mr. Tarun Kumar, A.P.P.
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.
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04/11.02.2022 Defects, as pointed out by the office, are ignored.
The petitioner is an accused in connection with Dumaria P.S. Case No. 12 of 2021 registered under Section 394 of the Indian Penal Code and Section 25(1-B)1/26/35 of the Arms Act.
Heard learned counsel for the petitioner and learned counsel for the State.
It is submitted that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner is not named in the FIR and his name has come on the basis of the confessional statement of co-accused Ravi Kant Dutta, which is mentioned at para 67 of the case diary. It is submitted that as a matter of fact, on the date of occurrence, the petitioner was in jail in connection with Shyamsunderpur P. S. Case No. 01 of 2021 dated 11.01.2021 and the copy of the said FIR has been enclosed in the supplementary affidavit as Annexure-A. It is submitted that the petitioner was in custody in Shyamsunderpur P. S. Case No. 01 of 2021 since 20.02.2021 and has been remanded in the present case on 05.07.2021 and hence he may be enlarged on bail.
Learned A.P.P has opposed the prayer for bail and has submitted that the petitioner has got several criminal antecedent and mastermind of the occurrence and as such, bail of the petitioner is fit to be rejected.
From perusal of the FIR, case diary and the impugned order passed by the learned Court below, it appears that the FIR was lodged against unknown. It also appears from the supplementary affidavit filed on behalf of the petitioner that the petitioner was remanded in this case on 05.07.2021. Though the petitioner has got criminal antecedent, but his name has come in this case on the basis of the confessional statement of co-accused Ravi Kant Dutta.
Considering the facts and in the circumstances of this case, the petitioner namely Brindabad Dutta @ Brindawan Dutta is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Ghatsila or its successor Court in connection with Dumaria P.S. Case No. 12 of 2021, subject to the condition that one of the bailors must be own relative of the petitioner and the petitioner shall appear before the trial Court on each and every date till the conclusion of the trial except for unforeseen circumstances.
Let a copy of this order be communicated to the office of Senior Superintendent of Police, Jamshedpur through FAX /Email.
(Sanjay Prasad, J.) Kamlesh/