Sanjay Lohar @ Sanjoy Lohar & Anr vs State Of Jharkhand on 24 June, 2011

Jharkhand High Court
Sanjay Lohar @ Sanjoy Lohar & Anr vs State Of Jharkhand on 24 June, 2011

                                B.A. No.3935 of 2011
            1. Sanjay Lohar @ Sanjoy Lohar
            2. Sudhir Lohar @ Rittu                          ...    ......     Petitioners

            The State of Jharkhand              ....   ...   ....   ...       Opp. Party

            CORAM:         HON'BLE MR. JUSTICE D.N. UPADHYAY
            For the Petitioner       :      M/s Gouri Devi, Advocate
            For the Opp. Party       :      A.P.P.

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


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

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)

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