Judgment:
In the High Court of Jharkhand at Ranchi B.A. No.5184 of 2013 Baldeo Toppo ...................................Petitioner VERSUS State of Jharkhand ........ Opposite Party CORAM: HONBLE MR.JUSTICE R.R.PRASAD For the Petitioner: Mr. Jitendra S. Singh For the State :A.P.P 4.17.8.13. Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. The petitioner is an accused in Bhandariya P.S. case no.12 of 2010 registered under sections 147/148/149/341/342/302/171/452/120B of the Indian Penal Code and also under Section 27 of the Arms Act as well as under Section 17 of the Criminal Law Amendment Act. Learned counsel appearing for the petitioner submits that as per the case of the prosecution, Bharat Singh and Dika Kacchhap were taken away by number of the miscreants. Thereafter father of Bharat Singh followed them and he found his son Bharat Singh dead. There the dead body of Dika Kacchhap was also lying. At that point of time, son of Dika Kacchhap also reached there and he disclosed that his father had stated him that the accused persons named in the FIR have assaulted him and other person, namely, Bharat Singh. When son of Dika Kacchhap, namely, Pradip Kacchhap was examined by the prosecution in connection with the trial by other accused, he did depose that he had never stated like that and taking into account that aspect of the matter, Deo Sagar Dixit, Bhola Kumar and Yogesh Singh have been admitted to bail and the case of the petitioner stands on similar footing. Regard being had to the facts and circumstances of the case, the petitioner is directed to be enlarged 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 Chief Judicial Magistrate Garhwa in Bhandariya P.S. case no.12 of 2010 (G.R.No.449 of 2010). ND/ ( R. R. Prasad, J.)