High Court Jharkhand High Court

Fullo Mandal @ Fuleshwar Mandal vs The State Of Jharkhand on 11 March, 2011

Jharkhand High Court
Fullo Mandal @ Fuleshwar Mandal vs The State Of Jharkhand on 11 March, 2011
                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             B.A. No.993 of 2011

            Phulo Mandal @ Fuleshwar Mandal            ...... Petitioner
                                    -Versus-
            The State of Jharkhand.                    ....... Opposite Party.
                                     ------
            CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
                                      ------
            For the Petitioner :     Mr. Lakhan Chandra Roy, Advocate
            For the State      :     A.P.P.
                                     ------

2/11.03.2011

: The petitioner is an accused in the case registered under
Sections 328/34/414 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submitted
that the petitioner has been falsely implicated in this case; there is no
eye-witness to the occurrence; the petitioner is said to be identified by
the Constable; the petitioner has no criminal antecedent; some articles
are said to be recovered from the petitioner; seizure list is also said to be
prepared but the seizure list does not bear signature of this petitioner,
and thus, it has no legal value; petitioner is in custody since September,
2010; he is a local permanent resident; there is no chance of his
absconding.

Learned A.P.P. opposed the petitioner’s prayer for bail and
submitted that there is allegation of recovery of some articles from the
petitioner; he has also been identified by the informant, who is a
constable; however, he has not disputed the other contentions of learned
counsel for the petitioner.

Regard being had to the facts and circumstances of the case, 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 Additional Judicial
Commissioner, FTC-VII, Ranchi in connection with S.T. No.13 of 2011
arising out of Rail Thana Hatia G.R.P.S. Case No.19 of 2010,
corresponding to G.R. No.82 of 2010, with the condition that the
petitioner shall physically appear in the court below on all the dates in
the case, as and when his personal appearance is required.

(Narendra Nath Tiwari, J.)
Shamim/