IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 7739 of 2010
1. Prabhu Dan Barla @ Prabhu Das Barla
2. Karma Tirkey ..... Petitioners
Versus
The State of Jharkhand ..... Opposite Party
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CORAM: HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
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For the Petitioners - Mr. Nilesh Kumar
For the State - Mr. A.P.P
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8/27.4.2011
The petitioners are in custody in connection with the case registered under
Sections 302/34 IPC.
Learned counsel for the petitioners submitted that the petitioners have been
falsely implicated in this case; so called dying declaration after four hours of the
occurrence has got no sanctity; there was no motive to commit the alleged offence as
there was no chance of inheritance of the petitioners after the death of the deceased;
the petitioners are in custody since March-April 2010; the petitioners are the local
permanent residents and there is no chance of their absconding.
Learned A.P.P opposed the petitioners’ prayer for bail and submitted that the
petitioners are named in the F.I.R; the deceased had named the petitioners in his
dying declaration; there is also one eye-witness to the occurrence, who has supported
the prosecution version in his statement recorded in Paragraph 7 of the Case Diary;
on the confessional statement of the petitioner No.2, the incriminating weapon was
also recovered from the spot.
Regard being had to the nature of allegations and the materials against the
petitioners, I am not inclined to grant bail to the petitioners. Prayer for bail of the above
named petitioners is, accordingly, rejected.
S.K (NARENDRA NATH TIWARI, J)