IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.6870 of 2011
Sudhir Kumar @ Tappu ..... Petitioner
Versus
The State of Jharkhand .... Opposite Party
CORAM: HON'BLE MR. JUSTICE H.C. MISHRA
For the Petitioner : Mr. Yogesh Modi
For the State : A. P.P.
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2/11.10.2011
Heard learned counsel for the petitioner and learned A.P.P. for the
Prosecution.
Petitioner has been made accused for the offence under Sections 302/34 of
the I.P.C. and 27 of the Arms Act, in connection with Namkum P.S. Case no.163
of 2009, corresponding to G.R. No.4338 of 2009.
The case relates to double murder and the informant was injured in this
case. The case has been instituted against unknown.
Learned Counsel for the petitioner submitted that petitioner is not named in
the FIR and he has been falsely implicated in this case only on the basis of the
confessional statement. It is also submitted that no eyewitness has named this
petitioner. Learned counsel accordingly prayed for bail.
Learned APP though opposed the prayer for bail, but has very fairly
conceded that the petitioner has been named by witness stating that he learnt that
the offence was committed by the petitioner, but the source of information has not
been disclosed.
In the facts and circumstances of the case, I am inclined to release the
petitioner on bail. Accordingly, the petitioner Sudhir Kumar @ Tappu is directed to
be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of like amount each to the satisfaction of learned
Chief Judicial Magistrate, Ranchi, in connection with Namkum P.S. Case no.163
of 2009, corresponding to G.R. No.4338 of 2009.
(H. C. Mishra, J)
R.Kumar