Jharkhand High Court
Md Sajit Alias Md Sajid And Anr vs The State Of Jharkhand on 26 February, 2015
Author: D. N. Upadhyay
Bench: D. N. Upadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No.61 of 2015
1. Md. Sajit @ Md. Sajid.
2. Md. Yusuf. .......... Petitioners.
Versus
The State of Jharkhand. .......... Opposite Party.
CORAM : HON'BLE MR. JUSTICE D. N. UPADHYAY
For the Petitioners : Mr. A. K. Chaturvedi, Advocate
For the State : A.P.P.
03/26.02.2015: Heard learned counsel for the parties.
The petitioners are accused in a case registered under Sections 341, 323, 324, 307, 147, 148, 149 and 504 of the Indian Penal Code.
It is pointed out that Petitioner No.1Md. Sajit @ Md. Sajid has been declared juvenile and, therefore, learned counsel does not want to press bail application on behalf of Petitioner No.1.
In view of the said submission, prayer for bail made on behalf of Petitioner No.1Md. Sajit @ Md. Sajid stands rejected as not pressed.
It appears from the first information report that all the accused persons, named in the first information report, after forming unlawful assembly, armed with lethal weaponBhujali, rod etc., came to the place and caused assault to the informant and his family members.
It is submitted that general and vague allegation has been levelled against the petitioner. Save and except he was also present in the mob, no specific overt act committed by him has been disclosed. He has remained in custody for about two months.
Counsel for the State as well as informant have opposed the petitioner's prayer for bail and submitted that grievous injuries have been caused. The petitioner is prosecuted with the aid of Section 149 of the Indian Penal Code.
Be that as it may, no injured has stated that the petitioner caused assault to him/her.
2 In the circumstances, Petitioner No.2Md. Yusuf 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 Chief Judicial Magistrate, Dumka, in connection with Dumka (T) P.S. Case No.278 of 2014, corresponding to G.R. No.1549 of 2014.
(D. N. Upadhyay, J.) Sanjay/