B.A./5623/2016 of Jairam Alias Jairam Yadav Alias Arun Yadav Alias Nagendra Singh Alias Motu Vs The State Of Jharkhand on 16 December 2016

IN THE HIGH COURT OF JHARKHAND AT RANCHIB. A. No.5623 of 2016

-----

Jairam @ Jairam Yadav @ Arun Yadav @ Nagendra Singh @ Motu.………. Petitioner.

-Versus-

The State of Jharkhand..……... Opposite Party.

------

CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

------

For the Petitioner :Mr. Surendra Prasad Sinha, AdvocateFor the State:A.P.P.------ 08/16.12.2016: Heard learned counsel for the parties.

The petitioner is an accused in a case registered under Sections 147/148/149/307/353/342 of the Indian Penal Code, Section 27 of the Arms Act, Section 3/4/5 of the Explosive Substance Act, Section 17 of the C.L.A Act and Section 13 of the U.A.P. Act Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged against him in the FIR. The petitioner has been apprehended merely on the basis that at the time of alleged occurrence, the miscreants were calling each other by name and the petitioner's name was also overheard by the Police party. There has been no injury caused to any member of the Police party during the alleged firing and the counter firing between the Police party and the miscreants. There is no cogent material with the prosecution to connect the petitioner with the alleged offence. Moreover, the petitioner is in judicial custody since 14.05.2015.

Learned counsel for the State opposes the petitioner's prayer for bail.

Earlier the status report regarding the stage of the trial, was called for from the concerned trial Court which has now been received. On perusal of report of the Judicial Magistrate First Class, Latehar dated 24.11.2016, it appears that though the charge-sheet has already been submitted against this petitioner on 10.07.2015, the trial of the case is yet to begin.

Considering the fact that the petitioner is in judicial custody since 14.05.2015, I am inclined to enlarge the petitioner, above named, on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like Rohit Gupta/

amount, each, to the satisfaction of learned Chief Judicial Magistrate, Latehar in connection with Baresar P.S. Case No. 07 of 2014, corresponding to G.R. Case No. 678 of 2014.

(Rajesh Shankar, J.)