Amit @ Santosh Kumar. Vs. State of Jharkhand.

Amit @ Santosh Kumar. vs State of Jharkhand.

Type Court Judgment Court Jharkhand Ranchi Decided Apr 29, 2011

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Citation: sooperkanoon.com/917099
Court: Jharkhand Ranchi High Court
Judge: R.R.Prasad, J.
Decided On: Apr 29, 2011
Case Number: B.A. No.7233 of 2010.
Subject: Right to Information

Case Summary

AI-generated summary - not the official court judgment text.

[MR. JUSTICE L.NARAYANA SWAMY, J.] This writ PETITION is filed under articles '226 and 227 of constitution of India with a prayer to direct the R3 & 4 to consider the request of petitioner for issue of registration CERTIFICATE (FORM no. 10) and effect the khata in his name by entering his name BY entering his name i...

Key legal issue: Right to Information

Parties & Advocates

Appellant / Petitioner

Amit @ Santosh Kumar.

Advocate Mr. P.C.Tripathy, Advs.

Respondent

State of Jharkhand.

Excerpt

[mr. justice l.narayana swamy, j.] this writ petition is filed under articles '226 and 227 of constitution of india with a prayer to direct the r3 & 4 to consider the request of petitioner for issue of registration certificate (form no. 10) and effect the khata in his name by entering his name by entering his name in k.r. and rfc as the owner/occupant in respect of land bearing sy.no.78 measuring 15 acres situated at sonnenahalli village. hesaraghatta hobli. bangalore north taluk bangalore and etc......at barhi this petitioner and also two other persons, namely, arvind rai and rakesh kumar, who were suspected to be the culprit, were apprehended.4. it was further submitted that those three persons who have been arrested at dhurwa when were put on test identification parade, were identified by the witnesses but the identification lost its significance as the photographs of all those persons had been published in the daily newspaper and considering this fact they were admitted to bail by this court and therefore, this petitioner be also released on bail on parity as the case of the petitioner stands on better footing than those three persons.5. learned counsel in this respect further submitted that the photograph of the petitioner had also been published in the newspaper and in that view of the matter, the petitioner deserves to be admitted on bail and that the petitioner has been in custody since 31.7.2009. 6. regard being had to the facts and circumstances of the case, the above named 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 additional judicial commissioner, ftc-viii,ranchi in lower bazar p.s. case no.168 of 2009 (g.r. no.3157 of 2009).

Full Judgment

1. Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

2. Learned counsel appearing for the petitioner submitted that when Love Bhatia was kidnapped for ransom and was kept confined in a house at Dhurwa the police on getting tip-off reached over there to recover the victim but there ensued encounter in between the police party and the miscreants and in that shoot out, three miscreants were killed whereas Raju Choubey @ Rajendra Kumar Choubey, Amit @ Santosh Kumar and Alok Kumar Singh were apprehended and the police got the victim released from the captivity.

3. Thereupon, the police came toknow that the other miscreants are going away in a vehicle towards Patna. On such information when one vehicle Raino was intercepted at Barhi this petitioner and also two other persons, namely, Arvind Rai and Rakesh Kumar, who were suspected to be the culprit, were apprehended.

4. It was further submitted that those three persons who have been arrested at Dhurwa when were put on test identification parade, were identified by the witnesses but the identification lost its significance as the photographs of all those persons had been published in the daily newspaper and considering this fact they were admitted to bail by this Court and therefore, this petitioner be also released on bail on parity as the case of the petitioner stands on better footing than those three persons.

5. Learned counsel in this respect further submitted that the photograph of the petitioner had also been published in the newspaper and in that view of the matter, the petitioner deserves to be admitted on bail and that the petitioner has been in custody since 31.7.2009.

6. Regard being had to the facts and circumstances of the case, the above named 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 Additional Judicial Commissioner, FTC-VIII,Ranchi in Lower Bazar P.S. Case no.168 of 2009 (G.R. No.3157 of 2009).

Same Court & Year Jharkhand Ranchi · 2011 Same Parties Amit @ Santosh Kumar. vs State of Jharkhand. Same Subject Right to Information Same Judge R.R.Prasad, J.

Right to Information