High Court Jharkhand High Court

Md.Samsul vs State Of Jharkhand on 9 September, 2011

Jharkhand High Court
Md.Samsul vs State Of Jharkhand on 9 September, 2011
                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             B.A. No.5997 of 2011

          Md. Samsul                                      .....   Petitioner
                                     Versus
          The State of Jharkhand                          ....      Opposite Party

          CORAM:         HON'BLE MR. JUSTICE H.C. MISHRA

          For the Petitioner         :      Mr. Swami Nath Prasad Roy
          For the State              :      A. P.P.

                                  -----
2/9.9.2011

Heard learned counsel for the petitioner and learned A.P.P. for the
Prosecution.

Petitioner has been made accused for the offence under Sections 302/201
and 364 of the Indian Penal Code, in connection with Jasidih P.S. Case no. 23 of
2011, corresponding to G.R. No. 91 of 2011.

There is allegation against the petitioner and other co-accused to have
called the informant from his house, subsequently the dead body of the deceased
was recovered.

Learned counsel for the petitioner submitted that petitioner has been falsely
implicated in this case and there is no material against the petitioner except that
the petitioner had called the deceased along with other co-accused. Learned
counsel accordingly prays for bail.

Learned APP though opposed the prayer for bail, but very fairly conceded
that there is no eyewitness to the occurrence and only allegation against the
petitioner is that he had called the deceased along with other co-accused.

In the facts and circumstances of the case, I am inclined to release the
petitioner on bail. Accordingly, the petitioner Md. Samsul 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 Chief Judicial
Magistrate, Deoghar, in connection with Jasidih P.S. Case no. 23 of 2011,
corresponding to G.R. No. 91 of 2011.

(H. C. Mishra, J)
R.Kumar