Binu Munda vs The State Of Jharkhand
2021 Latest Caselaw 673 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
              B.A. No. 939 of 2021
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     Binu Munda                               ...               Petitioner
                                    Versus
    The State of Jharkhand                     ...           Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Gaurav, Advocate For the State : Mr. Tarun Kumar, Addl. P.P.

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Order No.02 Dated- 11.02.2021

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

The petitioner has moved this Court for grant of bail in connection with Arki P.S. Case No.32 of 2012 registered under sections 364/34 of the Indian Penal Code and under Section 17 of C.L.A. Act.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in kidnapping of the son of the informant. It is further submitted that the allegations against the petitioner are all false and the petitioner is not named in the FIR and he has been implicated in this case only on the basis of confessional statement of the co-accused-Lal Mohan Munda and Bhim Pahan. Drawing attention of this Court to Annexure-3 which is a copy of the judgment of the Sessions Judge, Khunti in Sessions Trial No.33 of 2014 and 113 of 2014 dated 23.07.2019, it is submitted that co-accused namely Mara Pahan, Lal Mohan Munda @ Lal Mohan Pahan and Bhim Pahan have been acquitted in this case. It is then submitted that the co-accused person has already been admitted to bail by a coordinate Bench of this Court vide order dated 09.10.2020, passed in B.A. No. 7741 of 2020. It is next submitted that the petitioner has been in custody since 23.12.2019 as has been mentioned in paragraph no. 16 of the bail application. It is lastly submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail.

The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above named petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.S.J.-I, Khunti, in connection with Arki P.S. Case No.32 of 2012 with the condition that the petitioner will cooperate with the trial of the case.

(Anil Kumar Choudhary, J.) Sonu-Gunjan/