Jharkhand High Court
Budhu Hansey @ Singa @ Buddhu Hansey vs The State Of Jharkhand .... .... Opp. ... on 28 April, 2022
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 3662 of 2022
Budhu Hansey @ Singa @ Buddhu Hansey. ..... ... 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. Birat Kumar, Advocate
For the State : Mr. Manoj Kumar Mishra, A.P.P.
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04/ 28.04.2022 Heard learned counsel for the applicant and learned A.P.P. for the State.
This bail application has been filed on behalf of the applicant-Budhu Hansey @ Singa @ Buddhu Hansey with prayer to release on bail in connection with Gudri P.S. Case No. 03 of 2021, registered under Sections 147,148,149,120B,353 of the Indian Penal Code, under Section 4/5 of the Explosive Substance Act and under Section 17 of the Criminal Law Amendment Act, pending in the court of the Sub-Divisional Judicial Magistrate, Porahat at Chaibasa.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the police officer against 20 named accused of Hkkå då ikå ¼ekvksoknh½ extremist organization with these allegations that the informant had received secret information in regard to hiding of Explosive Device Bombs by the Zonal Commander of extremist organization, namely, Jiban Kandulna, Budhu, Sushil, Surya, Bijay and others nearby the forest area of village Raghuramdera, Soimari and Dawaruli. Accordingly, raid was conducted by the police personnel and C.R.P.F. and one person was apprehended who was identified as Buddhu @ Singa and disclosed that he was the member of extremist organization and along with Zonal Commander Jivan Kandulna, Budhu Bodra, Sushil Bhurma @ Dumri @ Tote, Renuka Hembrom @ Champa, Dulang, Selai Gagrai and other nexalites have planted several I.E.D. Bombs in the forest area. On his pointing 18 I.E.D. Cane Bombs were recovered and from Duriuli 4 Cane (I.E.D.) were recovered. All were destroyed by D.D.D.S. Accordingly, F.I.R. was lodged.
Learned Counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. Alleged recovery was not made on the confession and pointing out of the applicant. There is no independent witness of the alleged seizure memo. He has been implicated in this case on the basis of suspicion and has been languishing in jail since 27.02.2021.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that on the confession and pointing out of the applicant bombs were recovered.
In view of the submissions made and materials on record, the bail application of 2 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.) P.K.S.