IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.5610 of 2011
Boya @ Sanicher Kharia @ Sanichar Kharia ..... Petitioner
Versus
The State of Jharkhand .... Opposite Party
CORAM: HON'BLE MR. JUSTICE H.C. MISHRA
For the Petitioner : Mr. A.K. Chaturvedi
For the State : A. P.P.
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3/6.9.2011
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 Indian Penal Code, in connection with Sisai P.S. Case no.144 of 2010,
corresponding to G.R. No. 759 of 2010.
The dead body of the deceased was recovered and the case was instituted
against unknown.
From the impugned order, it appears that petitioner has been named by
some witnesses and some spy had also disclosed about the role of this petitioner.
It also appears that petitioner has also been named in the confessional statement
of the co-accused.
Learned counsel for the petitioner submitted that petitioner has been falsely
implicated in this case. The witnesses are only the hearsay witnesses and no eye
witness has named this petitioner. Learned counsel accordingly prays for bail.
Learned APP opposed the prayer for bail, but very fairly concedes that all
the witnesses are only hearsay witnesses and have also stated that villagers are
not naming the accused due to fear.
In the facts and circumstances of the case, I am inclined to release the
petitioner on bail. Accordingly, the petitioner Boya @ Sanicher Kharia @ Sanichar
Kharia 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 Sessions Judge, Gumla, in connection with Sisai P.S. Case no.144 of
2010, corresponding to G.R. No. 759 of 2010 (S.T. No.14/2011).
(H. C. Mishra, J)
R.Kumar