IN THE HIGH COURT OF JHARKHAND, RANCHI
B.A. No. 3668 of 2011
1. Jahid Ansari
2. Samsuddin Ansari .... Petitioners
Versus
The State of Jharkhand .... Opposite Party
CORAM: HON'BLE MR. JUSTICE H.C. MISHRA
For the Petitioners : Mr. Kailash Prasad Deo, Advocate
For the State : Mr. Amitabh, A.P.P.
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2/10.06.2011
Heard the learned counsel for the petitioners and learned APP for the State.
The petitioners have been made accused for the offence registered under Section 395
of the Indian Penal Code in connection with Boarijore (Lalmatiya) P.S. Case No.
129/2010 (G.R. Case No. 1533/2010), in which, according to the prosecution case, a
sum of Rs. 2,50,000/- and mobiles phones were taken away by the culprits.
Learned counsel for the petitioner submitted that the petitioners have falsely
been implicated in this case; the petitioners have not been named in the FIR as the
FIR has been lodged against unknown persons and there is no recovery from the
possession of the petitioners. Accordingly, learned counsel for the petitioners has
prayed for bail to the petitioners. However, the learned APP has opposed the prayer
for bail of the petitioners.
From the impugned order, it is apparent that the petitioners have been named
in this case only on the confessional statement of the co-accused.
In the facts and circumstances of the case, particularly, in view of the fact that
there is no recovery from the possession of the petitioners and they have not been put
on TI Parade, I am inclined to enlarge the petitioners on bail. Accordingly, the
petitioners, Jahid Ansari and Samsuddin Ansari are directed to be released on bail on
furnishing bail bond of Rs.10,000/-( ten thousand) each with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate, Godda in connection with
Boarijore (Lalmatiya) P.S. Case No. 129/2010 (G.R. Case No. 1533/2010).
(H.C. Mishra, J.)
Anu/-