Excerpt
in the high court of jharkhand at ranchi b. a. no. 4719 of 2012 bhola singh ..... petitioner versus the state of jharkhand .. opposite party -------- coram : honble mr. justice h. c. mishra ------ for the petitioner : mr. d.k. chakraborty, advocate for the state : mr. sanjay kumar srivastava, a.p.p. ------ 4/ 17.09.2012 heard learned counsel for the petitioner and learned a.p.p. for the prosecution. the petitioner has been made accused for the offence under section 364(a)/34 of the indian penal code, in connection with daltonganj rail p.s. case no. 4 of 2011 corresponding to g.r. no. 265 of 2011 (s.t. no. 128 of 2011). the case relates to abduction of the stationmaster by four unknown culprits and the case was instituted against unknown. learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case, he has neither been identified nor named in the f.i.r. learned counsel has accordingly prayed for bail. learned a.p.p. for the state has opposed the prayer for bail submitting that two witnesses have named the petitioner stating that the victim was kept at the house of the petitioner, but upon going through the charge sheet, he has very fairly conceded that these witnesses are not charge sheet witnesses. in the facts of the case, i am inclined to enlarge the petitioner, bhola singh, on bail. accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned principal sessions judge, latehar, in connection with s.t. no. 128 of 2011 arising out of daltonganj rail p.s. case no. 4 of 2011 corresponding to g.r. no. 265 of 2011. ( h. c. mishra, j.) r.kr.
Full Judgment
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 4719 of 2012 Bhola Singh ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. D.K. Chakraborty, Advocate For the State : Mr. Sanjay Kumar Srivastava, A.P.P. ------ 4/ 17.09.2012 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offence under Section 364(A)/34 of the Indian Penal Code, in connection with Daltonganj Rail P.S. Case No. 4 of 2011 corresponding to G.R. No. 265 of 2011 (S.T. No. 128 of 2011). The case relates to abduction of the Stationmaster by four unknown culprits and the case was instituted against unknown. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case, he has neither been identified nor named in the F.I.R. Learned counsel has accordingly prayed for bail. Learned A.P.P. for the State has opposed the prayer for bail submitting that two witnesses have named the petitioner stating that the victim was kept at the house of the petitioner, but upon going through the charge sheet, he has very fairly conceded that these witnesses are not charge sheet witnesses. In the facts of the case, I am inclined to enlarge the petitioner, Bhola Singh, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Principal Sessions Judge, Latehar, in connection with S.T. No. 128 of 2011 arising out of Daltonganj Rail P.S. Case No. 4 of 2011 corresponding to G.R. No. 265 of 2011. ( H. C. Mishra, J.) R.Kr.