Jharkhand High Court
Balmukund Yadav vs The State Of Jharkhand on 28 March, 2019
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 5794 of 2018
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1. Balmukund Yadav, s/o Fani Yadav,
2. Mithu Yadav @ Satpal Rana, s/o Balmukund Yadav, Both are residents of village- Pathwara, P.O. + P.S. Godda (M), District- Godda. ...... Petitioners Versus
1. The State of Jharkhand
2. Mahadeo Dey, s/o late Kamlakant Dey, resident of Lal Chowk, Sarauni, P.O. + P.S. Godda (M), District- Godda. ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
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For the Petitioners : Mr. S. P. Roy, Advocate
For the State : Mr. Abhay Kumar Tiwari, A.P.P
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06/29.03.2019 Petitioners are apprehending their arrest in connection with Godda (M) P.S. Case
No. 207 of 2017 corresponding to G.R. No. 1812 of 2017 for the offence registered under sections 147/ 148/ 149/ 341/ 342/ 448/ 323/ 325/ 307/ 379/ 386/ 387/ 427 of the Indian Penal Code and under sections 3/4/5 of Explosive Substance Act. Learned counsel for the petitioners has submitted that altogether 20 persons including these petitioners, whose names figured at serial nos. 4 and 20 have been made accused but no overtact has been alleged against the petitioners. Learned counsel for the petitioners has submitted that the informant has some land dispute with the Bhairav Yadav and for that persons who are close to Bhairav Yadav have been made accused in the present case though these petitioners have no specific role and nor any criminal antecedent. As such, these petitioners may be enlarged on bail. Learned counsel for the State has opposed the prayer for bail and has submitted that 20 persons entered into the house of informant and created mesh there and two live bombs have been recovered from the place of occurrence, as such these petitioners may not be enlarged on anticipatory bail. Considering the rival submissions of the parties, since, these petitioners have not been alleged with any specific role nor with the allegation that they were holding the bomb and petitioners have no criminal antecedent, as such, petitioners named above are directed to be released on anticipatory bail in the event of their surrender/arrest within four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Godda in connection with Godda (M) P.S. Case No. 207 of 2017 corresponding to G.R. No. 1812 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.
However the petitioners shall physically present before the learned trial court on each and every date till framing of charge.
(Kailash Prasad Deo, J.) Pallavi /