IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 3404 of 2011
1. Indal Ram
2. Dashrath Ram .... ... Petitioners
Versus
The State of Jharkhand ..... ... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H. C. MISHRA
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For the Petitioners : Mr. P.K.Pandey, Advocate
For the State : Mr. H.K.Sikarwar, A.P.P.
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2/ 28.06.2011
Heard learned counsel for the petitioners and learned A.P.P. for the
Prosecution.
The petitioners have been made accused for the offences registered
under Sections 147, 148, 149, 323, 324, 326 and 307 of the Indian Penal Code in
connection with Nagar Untari P.S. Case No. 129 of 2010 corresponding to G.R.
No. 731 of 2010.
There is allegation against the petitioners and other accused to have
tied over the eyes of the informant and to have taken him to a distinct place and
then to have assaulted him with sharp edged weapons, in course of which, the
hand of the informant was amputated away.
Learned counsel for the petitioners has submitted that there is no
specific allegation against them.
In the facts of this case, there could not be any specific allegation
against the petitioners because once the eyes of the informant was tied over by the
culprits, the informant was not in the position to see that who made the assault.
The informant named the petitioners to be involved in the occurrence.
In the facts and circumstances of the case particularly in view of the
fact that the hand of the informant was amputated away by the culprits, I am not
inclined to enlarge petitioners, Indal Ram and Dashrath Ram on bail.
Accordingly, their prayer for bail is rejected.
( H. C. Mishra, J.)
R.Kr.