Santosh Singh Alias Santosh Jee Alias ... vs The State Of Jharkhand on 9 March, 2017

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Jharkhand High Court

Santosh Singh Alias Santosh Jee Alias ... vs The State Of Jharkhand on 9 March, 2017

Bench: Rajesh Shankar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        B.A. No. 689 of 2017
     Santosh   Singh   @   Santosh   Jee   @  Santosh   Kumar   Singh,   son   of 
     Vishawnath   Singh,   resident   of   VillageMahuadabar,   P.O.   &   P.S.
     Garu, DistrictLatehar                        ...   ...  Petitioner
                                       Versus 
     The State of Jharkhand                        ...   ...    Opposite Party
     CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
                                     
     For the Petitioner               : Mr. A.K. Chaturvedy, Advocate
     For the State                    : Mr. Sanjay Kumar, A.P.P.
                                     
05/09.03.2017

Heard the learned counsel for the parties.

The petitioner is an accused in a case registered under Sections 147/148/149/353/307 of the Indian Penal Code, Sections 3/4/5 of Explosive Substance Act and Section 17 of the Criminal Law Amendment Act.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. The F.I.R. was lodged against 10 named accused persons and 4050 unknown miscreants of prohibited extremist organisation. It is alleged that there had been exchange of fire between the police party and the members of the prohibited extremist organisation, however, no member of the police party has been injured in the firing. The petitioner has not been arrested on the spot. He has not been named in the F.I.R. and has been implicated in this case merely on suspicion and on the alleged confessional statement of the co accused persons. The petitioner is in judicial custody since 07.12.2016 and, therefore, he may be given the privilege of regular bail.

The learned A.P.P. opposes the petitioner's prayer for bail.

Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs.10,000/ (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Latehar, in connection with Netarhat P.S. Case No. 05 of 2015, corresponding to G.R. No. 241 of 2015, subject to the condition that the petitioner shall cooperate in the trial and shall be physically present before the trial court as and when his presence is required, failing which the trial court shall be at liberty to pass appropriate order in accordance with law.

(Rajesh Shankar, J.) Manish

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Jharkhand High Court