IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.5034 of 2011
Guddu Yadav ... ...... Petitioner
Versus
The State of Jharkhand .... ... .... ... Opp. Party
CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY
For the Petitioner : Mr. Vishal Kumar Trivedi, Advocate
For the Opp. Party : A.P.P.
02 /05.08.2011
Heard learned counsel for the parties.
Petitioner is accused in a case registered under Sections 147, 148, 149, 307 &
353 of the Indian Penal Code, Section 25(1-b)(a), 25(1-A), 26, 27 & 35 of the Arms Act read
with Section 17 of C.L.A. Act and Section 3/ 4 of Explosive Substance Act.
It reveals from the detailed First Information Report that exchange of firing
took place between the police party and the extremists at Tilaiya forest lying within
Mohanpur Police Station within district-Deoghar. In encounter one of the extremists was
killed and one Girdhari Manjhi was apprehended. A number of fire arms, carbine and other
incriminating articles have been recovered from the place as well as from the places on the
pointing out of apprehended accused Girdhari Manjhi. One of the diary containing details
regarding the names of extremists and other activities of extremists was recovered and that
diary contained name of the present petitioner.
It is submitted that petitioner is in jail custody since more than eight months
and nothing incriminating was recovered from his possession. He was neither put on T.I.
Parade nor any witness has named him and only on the basis of confession made by co-
accused and the confession of petitioner recorded by the police, he is languishing in jail
custody.
Learned counsel for the State has opposed the prayer and submitted that the
petitioner is an active extremists and he had confessed that he participated in the shoot out.
Admittedly, the petitioner was neither arrested at the spot nor anything
incriminating has been recovered from his possession.
In the aforesaid facts and circumstances of the case, above named petitioner
is directed to be released on bail by the Court below on furnishing bail bond of Rs. 20,000/-
(Twenty thousand) with two sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Deoghar in connection with Mohanpur P.S. Case No.13 of 2009
corresponding to G.R. Case No.75 of 2009 subject to the condition that one of the bailors
must be local resident having landed property within the jurisdiction of District-Deoghar.
(D.N. Upadhyay, J)