IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2084 of 2011
Shiv Prasad Soni ... ... Petitioner
-V e r s u s -
State of Jharkhand ... ... Opposite Party
...
CORAM: - HON'BLE MR. JUSTICE D. N. UPADHYAY
For the Petitioner : Mr. B.M. Tripathi, Sr. Advocate.
Mr. Navin Jaiswal, Advocate.
For the State: : APP.
02/15.09.2011
The petitioner is an accused in connection with Gumla P.S. Case No. 05
of 2011 [G.R. No. 28 of 2011] for the offence under Sections 341/ 323/ 506/ 379 of
the Indian Penal Code and under Section 302/34 (added subsequently).
It reveals from the FIR that the informant (now deceased), was the
conductor of Bus No. JH 01AD/9679 and he was assaulted at Nagfeni Culvert by
unknown persons who had come to the place of occurrence on a Maruti Van.
It is alleged that the deceased was threatened two days ago by the
owner of Bus – Laxmi Rath and Shakti Singh Bus not to run the Bus on the said
route. The deceased died twenty eight days after the date of incident and
thereafter, Section 302/34 of the Indian Penal Code was added.
It is submitted that the assailant were unknown which is apparent from
the evidence collected by the Investigating Officer in the Case Diary. The petitioner
has been implicated in this case only because he happens to be the owner of
Laxmi Rath. It is also not very clear from the evidence collected in the Case Diary
that the petitioner is the person who threatened the deceased two days ago and
said not to run bus on the alleged route. The death did not cause due to said injury,
is also apparent from the postmortem report.
Learned counsel for the State does not dispute the fact that the
petitioner was not the assailant.
Considering all these aspects, as highlighted by both sides, the
petitioner above named, is directed to surrender before the Court below within a
period of fortnight from today and on such surrender, he is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of Chief Judicial Magistrate,
Gumla in connection with Gumla P.S. Case No. 05 of 2011 [G.R. No. 28/2011]
subject to the condition as laid down under Section 438(2) of the Cr.P.C..
(D. N. Upadhyay, J.)
RC