IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 7672 of 2011
Amirul Ali Hussan @ Amin Ali @ Md. Amirul ..... Petitioner
Versus
The State of Jharkhand .... Opposite Party
CORAM: HON'BLE MR. JUSTICE H.C. MISHRA
For the Petitioner :Mr. Ayush Aditya
For the State :A. P.P.
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2/17.11.2011 Heard learned counsel for the petitioner and learned A.P.P. for the
Prosecution.
Petitioner has been made accused for the offence under Sections 341,
342, 307/34 of the Indian Penal Code and later on added Sections 302 IPC
and 27 of the Arms Act, in connection with Manjhari (Tantnagar) P.S. Case
No. 32 of 2009, corresponding to G.R. Case No. 550 of 2009 (S. T. No. 144 of
2011).
The case relates to murder of one Gurucharan Das and in injured
condition the deceased had informed his wife about the occurrence taking
the names of the co-accused persons as the assailants. He had also
informed his wife that one Rupa Das @ Doctor Das had fired Pistol upon him
causing fire arm injuries. Subsequently, it appears that in course of the
treatment, the deceased died. The petitioner is not named in the FIR.
Learned counsel for the petitioner has submitted that the petitioner
has not been name in the FIR and he has been falsely implicated in this
case only on the basis of the confessional statement of Rupa Das @ Doctor
Das and there is no other material against this petitioner and, accordingly,
has prayed for bail.
From the impugned order, it also appears that the petitioner has been
made accused in this case only on the basis of confessional statement of
the Rupa Das @ Doctor Das, who had fired pistol upon the deceased
causing injuries upon him.
In the facts and circumstances of the case, I am inclined to release the
petitioner on bail. Accordingly, the petitioner Amirul Ali Hussan @ Amin Ali
@ Md. Amirul 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, Chaibasa in connection with
Manjhari (Tantnagar) P.S. Case No. 32 of 2009, corresponding to G.R. Case
No. 550 of 2009 (S. T. No. 144 of 2011).
(H. C. Mishra, J)
Umesh/-