Raj Kumar Mahto Alias Raj Kumar Yadav Vs. the State of Jharkhand - Court Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5594 of 2013 Raj Kumar Mahto @ Raj Kumar Yadav .... Petitioner(s) Versus State of Jharkhand ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr. J.S. Singh For the opposite party : Addl.P.P. 26.07.2013 Heard the learned counsel for the petitioner and the learned counsel for the State. Petitioner is accused in connection with Chandwa PS case No. 47 of 2013 for the offence registered under sections 385/387/216A/120B of the Indian Penal Code and section 17 of the CLA Act. It reveals from FIR that the petitioner and his associates asked villagers to provided food and shelter to MCC extremists who were 20-25 in number. It is also alleged that after collecting levy from the contractor, they had provided military shoes to the extremists. It is submitted that the petitioner has been falsely implicated in this case only because he happens to be brother of Sohrai Yadav, area commander. He has no criminal antecedents. Section 216A IPC is bailable and no case under section 387 IPC is made out. He has been in custody since 23.3.2013. Learned counsel for the State has opposed the prayer, but concedes that investigating officer has not indicated previous criminal history of the petitioner. Considering above aspects of the matter, the petitioner above named 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 learned CJM, Latehar, in connection with Chandwa PS case No. 47 of 2013 (G.R.No. 186 of 2013 ), subject to the condition that he shall be physically present in the court below on each date falling within next six months and would co-operate with the trial. Ambastha/- ( D.N.Upadhyay,J.)