IN THE HIGH COURT OF JHARKHAND, RANCHI
B.A. No. 3468 of 2011
Jagdish Mahto ..... Petitioner
Versus
The State of Jharkhand .... Opposite Party
CORAM: HON'BLE MR. JUSTICE H.C. MISHRA
For the Petitioner : Mr. M. K. Dey
For the State : A. P.P.
02/29.6.2011
Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner has been made accused for the offence under Sections
147/148/149/435/436/342/379/457/458 of the Indian Penal Code, 3/ 4 of the
Explosive Substance Act and 17 of the CLA Act in connection with Gomia P. S.
Case No. 27 of 2004 corresponding to G. R. Case No. 355 of 2004.
According to the F.I.R., there is allegation against unknown 250300
persons, belonging to MCC, variously armed with deadly weapons, to have
attacked the house of the informant and looted away household property and to
have damaged the house by dynamite.
Learned counsel for the petitioner submits that petitioner has been falsely
implicated in this case and there is no recovery from the possession of this
petitioner. Petitioner has been named in this case only on the basis of the
confessional statement of coaccused. Impugned order supports the contention of
the learned counsel.
In the facts and circumstances, I am inclined to release the petitioner on
bail. Accordingly, the petitioner Jagdish Mahto 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 Additional Chief Judicial
Magistrate, Bermo at Tenughat in connection with Gomia P. S. Case No. 27 of
2004 corresponding to G. R. Case No. 355 of 2004.
(H. C. Mishra, J)
Kamlesh/