Jharkhand High Court
Goutam Sahani @ Mithun vs The State Of Jharkhand .... .... Opp. ... on 27 January, 2022
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.13960 of 2021
Goutam Sahani @ Mithun ..... ... Petitioner
Versus
The State of Jharkhand .... .... Opp. Party
With
B.A. No.13939 of 2021
Md. Kaushar @ Kalu @ Md Kaishar @ Md. Kaushr ..... ... 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(s) :Mr. Rahul Ranjan, Advocate [In Both the Cases] For the State :Mr. P.K. Appu, A.P.P. [In B.A. No.13960/21] Mr. Nawin Kr. Singh, A.P.P. [In B.A. No.13939/21]
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03/27.01.2022 Heard learned counsel for the applicants and learned A.P.Ps. for the State.
The Bail Application No.13960 of 2021 has been filed on behalf of the applicant- Goutam Sahani @ Mithun and Bail Application No.13939 of 2021 has been filed on behalf of the applicant- Md. Kaushar @ Kalu @ Md Kaishar @ Md. Kaushr with prayers to release on bail in connection with Narayanpur P.S. Case No.177 of 2020 registered under Section 379 of the Indian Penal Code pending in the court of learned Sub-Divisional Judicial Magistrate, Jamtara.
Learned counsel for the applicants has submitted that the F.I.R. of this case was lodged by the informant with the allegation of theft of copper coils from the power transformer worth Rs.3,70,000/- against the unknown thieves. The name of the applicants transpired during investigation and the applicants were apprehended by the police in another case and they confessed their guilt. No incriminating article has been recovered from the possession of the applicants. The alleged confession of the applicants has no evidentiary value in the eyes of law. The similarly situated co-accused Sunil Saw @ Sunil Kumar Saw has already been granted bail by this Court vide order dated 16.12.2021 passed in B.A. No.13842 of 2021. The applicants have been languishing in jail since 28th July, 2021.
Learned A.P.Ps. appearing in both the case on behalf of the State have vehemently opposed the contentions made by the learned counsel for the applicants.
In view of the submissions made and materials on record, the bail applications of the applicants is hereby allowed. Let the applicants be released on bail on furnishing bail bond of Rs.15,000/-(Rupees Fifteen Thousand) each with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.
(Subhash Chand, J.) Rohit