Full Judgment
1. Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused in connection with Sadar Town P.S. Case No. 120 of 2009 for the offence under Sections 457, 380, 411 and 120 (B)/34 of the Indian Penal Code and Sections 25 (1-AA), 25 (1-B) a, 26 and 35 of the Arms Act and Section 17 of the C.L.A. Act, which relates to the theft of the fire arms from the Police barrack.
2. The petitioner has not been named in the F.I.R. but from the impugned order, it appears that during investigation, some accused persons were apprehended who disclosed that it was the petitioner and his brother who had hatched conspiracy for theft of the sophisticated and automatic fire-arms and ammunition from the Police Magazine for their sale to TPC, an extremist outfit of which the petitioner was an active member.
3. Learned counsel for the petitioner has pointed out that the other co-accused persons have already been granted bail in this case by this Court and also attached the copies of the bail orders.
4. In the facts and circumstances and particularly in view of the fact that the petitioner has been named only in the confessional statement of the coaccused, I am inclined to release the petitioner on bail. Accordingly, the petitioner, Deepak Kumar @ Sandeep Jee is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate Palamau, Daltonganj in connection with Sadar Town P.S. Case No. 120 of 2009 corresponding to G.R. No. 500 of 2009.