IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A No. 6785 of 2011
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Rajesh Kumar Mahto .......... Petitioner
-- Versus --
The State of Jharkhand .......... Opposite Party
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CORAM: HON'BLE MRS. JUSTICE JAYA ROY
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For the Petitioner : Ms. Nivedita Kundu, Advocate
For the State : Mr. A.B. Mahto, A.P.P.
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02/ 19.09.2011
Heard the counsel for the petitioner and the counsel
for the State.
The petitioner is an accused in this case which
has been registered for the offence committed under Sections
25(1-b)a/26/27 of the Arms Act, Section 17 of the C.L.A. Act and
Section 13 of the U.P.A. Act, pending in the court of A.J.C.-XVIII,
Ranchi.
The counsel for the petitioner submits that
earlier the prayer for bail of the petitioner was rejected by this
Court. It is also contended that the petitioner is in custody since
23.8.2009 i.e. more than two years. The counsel for the petitioner
has further contended that the other co-accused namely Prafull
Kumar Mahto, who was also in the Ambassador car, has been
granted bail by another Bench of this Court in B.A. No.6086 of
2011 vide order dated 02.9.2011.
The counsel for the State Mr. Mahto has
opposed and submitted that from the possession of the petitioner
two mobile phones have been recovered and he was also in the
Ambassador car from which huge amount of arms were
recovered.
Considering the fact that the other co-accused
namely Prafull Kumar Mahto has been granted bail and also
considering the fact that the petitioner is in custody for more than
two years, the petitioner namely Rajesh Kumar Mahto is directed
to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten
Thousand), with two sureties of the like amount each, to the
satisfaction of the trial court/ A.J.C.-XVIII, Ranchi, in connection
with Silli P.S.Case No. 61 of 2009, corresponding to G.R.Case
No.3498 of 2009 (S.T. No.191 of 2011), subject to the conditions
that the petitioner will remain physically present before the trial
court on each and every date fixed for trial till the conclusion of
the trial and one of the bailors will be his close relative and
another will be of local resident having immovable property within
the jurisdiction of the trial court concerned.
(JAYA ROY, J.)
SI/-