Excerpt
in the high court of jharkhand at ranchi b. a. no. 3104 of 2012 mohan sardar ..... petitioner versus the state of jharkhand .. opposite party -------- coram : honble mr. justice h. c. mishra ------ for the petitioner : mr. nagmani tiwari, advocate for the state : mr. s. prasad, a.p.p. ------ 6/ 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 offences under sections 302/201/34 of the indian penal code, in connection with potka p.s. case no. 53 of 2011 corresponding to g.r. no. 2374 of 2011. the case relates to murder of stepfather of the informant, which was instituted against unknown. learned counsel for the petitioner has submitted that there is no eyewitness to the occurrence and he has been falsely implicated in this case only on the basis of confessional statement and has prayed for bail. learned a.p.p. for the state upon going through the case diary has very fairly conceded that except confessional statement, there is no other material, nor any eyewitness to the occurrence. in the facts of the case, i am inclined to enlarge the petitioner, mohan sardar, 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 sri a. k. dubey, learned judicial magistrate 1st class, jamshedpur, or his successor, in connection with potka p.s. case no. 53 of 2011 corresponding to g.r. no. 2374 of 2011. ( h. c. mishra, j.) r.kr.
Full Judgment
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 3104 of 2012 Mohan Sardar ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Nagmani Tiwari, Advocate For the State : Mr. S. Prasad, A.P.P. ------ 6/ 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 offences under Sections 302/201/34 of the Indian Penal Code, in connection with Potka P.S. Case No. 53 of 2011 corresponding to G.R. No. 2374 of 2011. The case relates to murder of stepfather of the informant, which was instituted against unknown. Learned counsel for the petitioner has submitted that there is no eyewitness to the occurrence and he has been falsely implicated in this case only on the basis of confessional statement and has prayed for bail. Learned A.P.P. for the State upon going through the case diary has very fairly conceded that except confessional statement, there is no other material, nor any eyewitness to the occurrence. In the facts of the case, I am inclined to enlarge the petitioner, Mohan Sardar, 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 Sri A. K. Dubey, learned Judicial Magistrate 1st Class, Jamshedpur, or his successor, in connection with Potka P.S. Case No. 53 of 2011 corresponding to G.R. No. 2374 of 2011. ( H. C. Mishra, J.) R.Kr.