IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.3935 of 2011
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1. Sanjay Lohar @ Sanjoy Lohar
2. Sudhir Lohar @ Rittu ... ...... Petitioners
Versus
The State of Jharkhand .... ... .... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY
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For the Petitioner : M/s Gouri Devi, Advocate
For the Opp. Party : A.P.P.
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04 /24.06.2011
Heard learned counsel for the parties.
Petitioners are accused in a case registered under Section 395 of the Indian
Penal Code.
The informant who is said to be the driver of the truck bearing registration
No.GJ-VV-4920, was going to Siliguri but due to road jam he stopped the truck near
village Lali Soren. In the evening when movement started some miscreants boarded
on the truck and looted driver and cleaner and also snatched away their mobile set.
During investigation one of the accused Narayan was apprehended and on the
basis of his confession looted mobile set from possession of co-accused Vikram was
recovered.
It is submitted that the petitioners are not named in the F.I.R., nothing
incriminating has been recovered from their possession and they have been made
accused on the basis of the confession made by the co-accused. The witnesses who
have named these petitioners have been examined after a lapse of about two months
and therefore, such evidence is doubtful.
Learned counsel for the State has drawn my attention towards the statement
of witnesses examined in the case diary and submitted that they have named these
two petitioner.
Considering the fact that no T.I.P. has been made, nothing incriminating has
been recovered from the possession of these petitioners and the witnesses have been
2.
examined after a lapse of two months, above named petitioners are directed to be
released on bail by the Court below on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Chaibasa in connection with Jaganathpur P.S. Case
No.05 of 2011 corresponding to G.R. Case No.63 of 2011.
(D.N. Upadhyay, J)
NKC
