B.A./10030/2015 of Jichu Mandal Vs The State Of Jharkhand on 18 December 2015

Arguments

IN THE HIGH COURT OF JHARKHAND AT RANCHIB. A. No. 9853 of 2015Moti Choudhary Versus The State of Jharkhand with B. A. No. 10030 of 2015Jichu Mandal Versus The State of Jharkhand --------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA------For the Petitioners: Mr. Rajesh Kumar & S.S. Choudhary, AdvocateFor the State : Mr. K.K. Mishra, A.P.P.-------- 2/ 18.12.2015Both these bail applications arise out of the same case and as such, they are taken up together and disposed of by this common order. are taken up together and disposed of by this common order.

Heard learned counsels for the petitioners and learned A.P.P. for the Prosecution.

The petitioners have been made accused for the offence under Sections 302, 201/34 of the Indian Penal Code, in connection with Sahibganj Town (M) P.S. Case No. 241 of 2015 corresponding to G.R. No. 630 of 2015.

The case relates to murder of son of the informant, whose dead body was found in an agricultural field. The petitioners are named in the FIR on the basis of suspicion, due to land dispute between the parties.

Learned counsels for the petitioners have submitted that the petitioners have been falsely implicated in this case and there is no material against the petitioners except suspicion.

Learned counsel for the State, on the other hand, has opposed the prayer for bail and has pointed out from the case diary that the daughter-in-law of the informant has also stated that she had seen the accused persons, including the petitioners, taking away the deceased along with them and subsequently the dead body of the deceased was found. However, it is admitted that this statement was recorded after two days of occurrence and it is also admitted that there is no eyewitness to the occurrence of murder.

In view of the admitted enmity between the parties, in which, nine persons have been named as accused, I am inclined to enlarge the petitioners, Moti Choudhary and Jichu Mandal, on bail. Accordingly, the petitioners, named above, are directed to be released on bail, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Sahibganj, in connection with Sahibganj Town (M) P.S. Case No. 241 of 2015 corresponding to G.R. No. 630 of 2015.

( H. C. Mishra, J.)