Excerpt
in the high court of jharkhand at ranchi b.a no. 644 of 2013 sunil roy................. ........... petitioner -- versus -- the state of jharkhand ...... ......... opposite party ---- coram: honble mrs. justice jaya roy ---- for the petitioner : mr. vikram sinha, advocate for the state : a.p.p. ---- 2/ 05.02.2013 heard the counsel for petitioner and counsel for the state. the petitioner is accused in this case registered under section 147, 148, 149, 324, 326, 307, 353, 332, 333, 435, of the indian penal code and sections 3/ 4 of the explosive substance act & u/sec. 27 of the arms act, pending in the court of judicial magistrate, 1st class at dhanbad. the counsel for the petitioner submits that there is no specific allegation against the petitioner though he is named in the f.i.r he has further submitted that another co-accused namely mahesh bharti who is standing on the similar footing with the present petitioner has been granted bail by another bench in b.a. no.5580 of 2012 vide order dated 6.8.2012. it is also submitted that the petitioner is in custody from 5.12.2012 i.e. two months. counsel for the state opposed but not disputed the contentions made by the counsel for the petitioner. considering the facts and circumstances of the case and also considering that only omnibus allegations are made against the petitioner and further considering the period of custody of the petitioner, the petitioner, namely sunil roy is directed to be released 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 the court below/ judicial magistrate, 1st class, at dhanbad, in connection with putki p.s.case no.77 of 2012, corresponding to g.r. no.1552 of 2012, subject to the condition that one of the bailor will be local resident having immovable property within the jurisdiction of the district concerned. (jaya roy, j.) si/-
Full Judgment
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 644 of 2013 Sunil Roy................. ........... Petitioner -- Versus -- The State of Jharkhand ...... ......... Opposite Party ---- CORAM: HONBLE MRS. JUSTICE JAYA ROY ---- For the Petitioner : Mr. Vikram Sinha, Advocate For the State : A.P.P. ---- 2/ 05.02.2013 Heard the counsel for petitioner and counsel for the State. The petitioner is accused in this case registered under Section 147, 148, 149, 324, 326, 307, 353, 332, 333, 435, of the Indian Penal Code and Sections 3/ 4 of the Explosive Substance Act & u/Sec. 27 of the Arms Act, pending in the court of Judicial Magistrate, 1st Class at Dhanbad. The counsel for the petitioner submits that there is no specific allegation against the petitioner though he is named in the F.I.R He has further submitted that another co-accused namely Mahesh Bharti who is standing on the similar footing with the present petitioner has been granted bail by another Bench in B.A. No.5580 of 2012 vide order dated 6.8.2012. It is also submitted that the petitioner is in custody from 5.12.2012 i.e. two months. Counsel for the State opposed but not disputed the contentions made by the counsel for the petitioner. Considering the facts and circumstances of the case and also considering that only omnibus allegations are made against the petitioner and further considering the period of custody of the petitioner, the petitioner, namely Sunil Roy is directed to be released 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 the court below/ Judicial Magistrate, 1st Class, at Dhanbad, in connection with Putki P.S.Case No.77 of 2012, corresponding to G.R. No.1552 of 2012, subject to the condition that one of the bailor will be local resident having immovable property within the jurisdiction of the district concerned. (JAYA ROY, J.) SI/-