Mukhtar Miyan @ Mokhtar Miyan vs The State Of Jharkhand
2021 Latest Caselaw 780 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    B. A. No. 9802 of 2020
                                           ....

1. Mukhtar Miyan @ Mokhtar Miyan

2. Kiran Ganjhu .... Petitioners Versus The State of Jharkhand .... Opposite Party ....

              CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Petitioners             : Mr. A.K. Chaturvedy, Adv.
                For the State                   : APP
                                                ....

The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

03/18.02.2021 Heard learned counsel for the petitioners and learned counsel for the State.

The present application has been filed for grant of regular bail to the petitioners in connection with Simariya P.S. Case No.83 of 2007, corresponding to G.R. No.506 of 2007 (S.T. No.02/ 2017), registered under Sections 147/ 148/ 149/ 341/ 323 and 436 of the Indian Penal Code and Section 17(i)(ii) of the Criminal Law Amendment Act.

Learned counsel for the petitioners has submitted that the petitioners are in judicial custody since 09.12.2016 and 05.03.2020 respectively. It has been further submitted that the co-accused, namely, Nageshwar Yadav has already been acquitted vide judgment dated 02.04.2016 passed in Sessions Trial No.183 of 2010 and as such they may be enlarged on bail.

On the other hand, learned A.P.P. has opposed the prayer for bail. Considering the material available on record, the petitioners, named above, are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-II, Chatra in connection with Simariya P.S. Case No.83 of 2007, corresponding to G.R. No.506 of 2007 (S.T. No.02/ 2017) subject to the conditions that the petitioners will submit self attested copy of their Aadhar Card and also give thier mobile number before the learned court below which they will not change during pendency of this case without prior permission of the court.

(Rajesh Kumar, J.) Shahid/