Jharkhand High Court
Rahul Pandey Alias Lallu Alias Pradeep ... vs The State Of Jharkhand on 10 October, 2012
Author: H. C. Mishra
Bench: H. C. Mishra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 6834 of 2012
Rahul Pandey @ Lallu @ Pradeep Kumar Pandey ..... ... Petitioner
Versus
The State of Jharkhand ..... ... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H. C. MISHRA
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For the Petitioner : Mr. Laljee Sahay, Advocate
For the State : Mr. Prem Prakash, A.P.P.
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3/ 10.10.2012Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution.
The petitioner has been made accused for the offence under Sections 419, 420, 387, 120(B) of the Indian Penal Code and Sections 25(1-B)(a)/26/35 of the Arms Act, in connection with Sidhgora P.S. Case No. 110 of 2011 corresponding to G.R. No. 2135 of 2011.
The petitioner was apprehended on 2.10.2011 and from his possession, one pistol was recovered loaded with three cartridges. Some mobile phones were also recovered from possession of the petitioner.
In view of the fact that there was also allegation of demand of levy from different persons in the name of Akhilesh Singh, and from possession of the petitioner the mobile phone by which demand of levy was made, had been recovered, bail application of this petitioner was earlier rejected by order dated 29.2.2012 in B.A. No. 93 of 2012.
Learned counsel for the petitioner has renewed the prayer for bail submitting that charge sheet had not been filed against the petitioner under Section 387 of the Indian Penal Code, rather, charge sheet had been filed only for the offence under Sections 468, 471 and 120(B) of the Indian Penal Code and offences under the Arms Act. Learned counsel for the petitioner has prayed for bail.
Learned A.P.P. for the State, on the other hand, though has opposed the prayer for bail, but upon going through the case diary, he has very fairly conceded that charge sheet has not been submitted against the petitioner for the offence under Section 387 of the Indian Penal Code.
In the facts of this case, I am inclined to enlarge the petitioner, Rahul Pandey @ Lallu @ Pradeep Kumar Pandey, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of Sri R.K. Singh, learned Judicial Magistrate 1st Class, Jamshedpur, or his successor, in connection with Sidhgora P.S. Case No. 110 of 2011 corresponding to G.R. No. 2135 of 2011.
( H. C. Mishra, J.) R.Kr.