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Jharkhand High Court

Patel Alias William Hansda Alias ... vs The State Of Jharkhand on 19 January, 2017

Author: Rajesh Shankar

Bench: Rajesh Shankar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                      B.A. No. 10484 of 2016

                Patel @ William Hansda @ Lalajee @ Laljee @ Milad                  ...Petitioner
                                    -V e r s u s-
                The State of Jharkhand                                             ...Opp.Party

                       CORAM: - HON'BLE MR. JUSTICE RAJESH SHANKAR

                For the Petitioner    : - Mr. Somitra Baroi, Advocate
                For the State         :- Mr. P.K.Appu, A.P.P.

02/19.01.2017

Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offence punishable under Sections 147/148/149/307/353 of the Indian Penal Code, under Sections 25(1-b)a/27/35 of the Arms Act, under Section 3/4/5 of the Explosive Substances Act, under Section 17 of the Criminal Law (Amendment) Act and also under Sections 10/13/18/20 of the Unlawful Activities (Prevention) Act.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. Though the petitioner has been named in the F.I.R. along with several other co-accused persons yet the police has not collected any admissible evidence to connect the petitioner with the alleged offence. Even if the content of the written report of the informant is taken to be true, it will appear that no member of the police party got injured during the alleged occurrence. It is merely said that during the alleged occurrence, the miscreants were calling each other by their names and during the said incidence, the name of this petitioner was also overheard by the members of the police party. Other co-accused persons namely Mokhtar Mian @ Mokhtar Ansari Mian and Kiran @ Asha Di @ Kiran Ganjhu @ Asha Ganjhu have already been granted regular bail by different co-ordinate Benches of this Court vide orders dated 10.02.2016 and 06.05.2016 in B.A. No. 10362 of 2015 and B.A. no. 3770 of 2016. The petitioner is in judicial custody since 28.05.2014, therefore, the prayer for bail of this petitioner may be considered sympathetically.

Learned A.P.P. opposes the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances of the case, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XII, Hazaribagh in connection with Sessions Trial No. 386 of 2015 arising out of Charhi P.S. Case no. 42 of 2009 corresponding to G.R. Case No. 4253 of 2009.

   Ritesh                                                          (Rajesh Shankar, J.)