Jharkhand High Court
Surya @ Jay Surya Kumar vs State Of Jharkhand. ............ Opp. ... on 21 September, 2020
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 6512 of 2020
Surya @ Jay Surya Kumar.......... Petitioner
Versus
State of Jharkhand. ............ Opp. Party
......
Coram: Hon'ble Mr. JusticeAnanda Sen Through:-Video Conferencing ......
For the Petitioner : Mr. Binod Kr. Dubey, Advocate
For the State : Mr. Arup Kr. Dey, A.P.P.
......
2/21.09.2020 The lawyers have no objection with regard to the proceeding,
which has been held through video conferencing today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality.
Learned counsel for the petitioner prays to ignore the defect and take up the matter on merits.
Defects stand ignored.
Heard learned counsel appearing for the petitioner and counsel for the State, who opposes the prayer for bail of the petitioner.
The petitioner is an accused for allegedly committing offence punishable under Sections 302, 386, 387, 120(B) and 34 IPC, Section 27 of the Arms Act and Section 17(i)(ii) C.L.A. Act Petitioner is not named in the FIR. The only allegation against this petitioner is that he alongwith other co-accused had threatened the deceased prior to the date of occurrence.
Considering the aforesaid fact, I am inclined to enlarge the petitioner on bail. Accordingly, petitioner namely, Surya @ Jay Surya Kumar 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 S.D.J.M., Chatra in connection with Piparwar P.S. Case No. 40 of 2019, subject to the condition that one of the bailers should be his close relative having sufficient landed property in his own name within the District of Chatra and the petitioner will appear before the Officer-in- Charge, Piparwar Police Station, Chatra once in a month and shall mark -2- his attendance till completion of the trial. If he fails to appear in any particular period, his bail bonds shall stand cancelled and the Officer-in- charge would be at liberty to arrest the petitioner.
Further, I direct the Jail Authority that before releasing the petitioner from jail, the Jail Authority should get the petitioner tested for COVID-19. If the report is positive, then the District Administration will immediately take steps to isolate the petitioner and get him treated in the COVID Center by following all the protocols.
This direction is given in the larger public interest and it should not be construed as a condition of bail:
(Ananda Sen, J) Mukund/-cp. 3