IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.1871 of 2011
Shivnath Oraon @ Bikash Kharia ...... Petitioner
-Versus-
The State of Jharkhand ....... Opposite Party.
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CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
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For the Petitioner : Mr. Ravi Prakash, Advocate
For the State : A.P.P.
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2/13.04.2011
: The petitioner is an accused in the case registered under
Sections 25(1-b)a/26/35 of the Arms Act and Section 17 of the C.L.A.
Act.
Learned counsel appearing on behalf of the petitioner submitted
that the petitioner has been falsely implicated in this case; there is
allegation of recovery of semi-rifle regular loaded with seven cartridges
and one Nokia mobile; the entire allegation is wholly false and baseless;
the petitioner is in custody since April, 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 the petitioner is named in the F.I.R. and that there
recovery of firearm with live cartridges; the trial is in progress and is
likely to be concluded soon; twelve witnesses have been examined and
only two more witnesses are to be examined.
Regard being had to the nature and stage of the case, I am not
inclined to release the petitioner on bail.
Petitioner’s prayer for bail is rejected. However, since the
petitioner is in custody, his trial shall be expedited.
If the petitioner’s trial is not concluded by 31 st August, 2011, the
petitioner shall be released on bail on furnishing bail bonds/sureties to
the satisfaction of learned court below.
(Narendra Nath Tiwari, J.)
Shamim/