IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.5886 of 2011
with
B.A. No.5553 of 2011
1. Jhalu Munda
2. Tuna Munda
3. Mahendra Munda @ Mahendar Munda
4. Khan Khan Munda
5. Malsu Munda
6. Ramdhani Munda @ Ramdhan Munda .. Petitioners (In B.A. No.5886 of 2011)
Lakhan Yadav .. Petitioner (in B.A. No.5553 of 2011)
Versus
The State of Jharkhand .... Opposite Party
CORAM: HON'BLE MR. JUSTICE H.C. MISHRA
For the Petitioners : Mr. Arun Kumar (In B.A. No.5886 of 2011)
Mr. A.K. Chaturvedi (in B.A. No.5553 of 2011)
For the State : A. P.P.
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3/26.9.2011
B.A. No.5886 of 2011 and B.A. No.5553 of 2011 arise from the same case, as
such both cases are being disposed of by this common order.
Heard learned counsel for the petitioners and learned A.P.P. for the Prosecution.
Petitioners have been made accused for the offence under Sections
323/302/201/504/34 of the Indian Penal Code in connection with Gurdari P.S. Case no. 3
of 2011, corresponding to G.R. No.252 of 2011.
Two dead bodies were recovered which were of the son and the nephew of the
informant. From the FIR, it appears that both the boys had gone along with one Tunnu
Birijia to the market and they were returning by a truck. When they stopped the truck, it is
alleged that four to five persons started assaulting them. Tunnu Birijia managed to flee
away, but the culprits took the other two boys on the truck along with them. The culprits
were naming Lakhan Yadav amongst them.
Learned counsel for the petitioners submitted that there is no eyewitness to the
occurrence. The petitioners have been implicated in the case only on the basis of the
confessional statement of the co-accused. Even Lakhan Yadav had not been put to TIP.
Learned counsel for petitioners accordingly prays for bail.
Learned APP though opposed the prayer for bail, but he has very fairly conceded
that there is no evidence except the confessional statement of the co-accused. He has
also conceded that even Lakhan Yadav was not been put to TIP.
In the facts and circumstances of the case, particularly in view of the fact that there
is no eyewitness to the occurrence I am inclined to release the petitioners on bail.
Accordingly, the petitioners Jhalu Munda, Tuna Munda, Mahendra Munda @ Mahendar
Munda, Khan Khan Munda, Malsu Munda, Ramdhani Munda @ Ramdhan Munda and
Lakhan Yadav are directed to be released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each, with two sureties of like amount each to the satisfaction of
learned Chief Judicial Magistrate, Gumla, in connection with Gurdari P.S. Case no. 3 of
2011, corresponding to G.R. No.252 of 2011.
(H. C. Mishra, J)
R.Kumar