Pritam Mahto Vs. the State of Jharkhand - Court Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No.3302 of 2013 With B.A No.2990 o”

1. Pritam Mahto ... Petitioner(B.A No.3302/13) 2. Manoj Kumar Mishra @ Moni Baba @ Rahul Mishra ...... Petitioner(B.A No.2990/13) Versus The State of Jharkhand ... Opposite Party(In both) -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioners : Mr.Nilesh Kumar, Advocate. Mr.Rajan Sahay, Advocate. Mr.Ajay Kumar Sinha, Advocate. For the State : A.P.P. ------ 4/ 19.08.2013 Both these applications arise out of the same case and as such, they are being disposed of together by this common order. Heard learned counsel for the petitioners and learned A.P.P. for the Prosecution. The petitioners have been made accused in connection with Namkum P.S. Case No. 270 of 2012 corresponding to G.R. No. 6174 of 2012 for the offence under Sections 302/ 34 of the Indian Penal Code and Section 27 of the Arms Act. The case relates to murder of husband of the informant and the case was instituted against unknown. Learned counsels for the petitioners have submitted that the petitioners have been falsely implicated in this case only on the basis of confessional statement of the co-accused and there is no other material against the petitioners. Learned counsel for the State, upon going through the case diary, has also admitted that the petitioners have been made accused only on the basis of confessional statements of the co-accused persons. In the facts of this case, I am inclined to enlarge the petitioners, Pritam Mahto and Manoj Kumar Mishra @ Moni Baba @ Rahul Mishra on bail. Accordingly, the petitioners, named above, are directed to be released on bail, on furnishing bail bonds of Rs. 10,000/- (ten thousand), each with two sureties of the like amount each, to the satisfaction of Sri Manish, Learned Judicial Magistrate, Ranchi, or his successor, in connection with Namkum P.S. Case No. 270 of 2012 corresponding to G.R. No. 6174 of 2012. ( H. C. Mishra, J.) BS