Jharkhand High Court
Baburji Tudu vs The State Of Jharkhand .... .... .... ... on 15 March, 2019
Author: B.B. Mangalmurti
Bench: B.B. Mangalmurti
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.1847 of 2019
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1. Baburji Tudu
2. Jhabu Tudu .... .... .... Petitioners Versus The State of Jharkhand .... .... .... Opp. Party CORAM : HON'BLE MR. JUSTICE B.B. MANGALMURTI For the Petitioners : Mr. Manoj Kumar No.4, Advocate For the State : Mr., A.P.P.
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02/15.03.2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Petitioners are accused in a case registered for the offences punishable under Sections 341, 323/34 of the Indian Penal Code.
It is submitted on behalf of the petitioners that both the petitioners Baburji Tudu and Jhabu Tudu are in custody since 23.11.2018 and 24.09.2018 respectively on the allegation that they have assaulted the informant and his family while accused was forcibly ploughing the land of informant. He further submitted the charge sheet was submitted and cognizance was taken under Sections 341, 323/34 of the Indian Penal Code but as these petitioners are migrated labour, have gone outside the State and due to this reason they were declared absconder in the year 2005. Now the accusation has been explained to these petitioners.
Learned A.P.P. for the State opposed the prayer for bail and submitted that there is long misuse of privilege of bail.
Considering the above submission of the parties as well as detentions of petitioners, accused- Baburji Tudu and Jhabu Tudu are directed to be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of court of Sri M.K. Mishra, Judicial Magistrate, 1st Class, Dumka in connection with Gopikander P.S. Case No.13 of 2001 corresponding to G.R. No.663 of 2001 with the condition that both the petitioners will appear before the court below on each and every date fixed by the court below.
(B.B. Mangalmurti, J.) Anit