Balram Bhandari vs State Of Jharkhand

Heard learned counsel for the petitioners and the learned A.P.P. for the State, through Video Conferencing. The lawyers have no objection with regard to the proceeding which has been held through video conferencing today at 11.00 a.m.. They have no complain with respect to the audio and video clarity and quality.

Counsel for the petitioners prays for ignoring the defects and to take up this matter on merits. Accordingly, the defects are ignored.

Petitioner is an accused for allegedly committing an offence punishable under Sections 379 of the Indian Penal Code, in connection with Dumka (Town) Police Station Case No.11 of 2020 (G.R. No.389 of 2020), pending in the Court of learned Chief Judicial Magistrate, Dumka.

It is alleged that the petitioner is involved in stealing of motorcycles. Stolen motorcycle was recovered from the possession of this petitioner. Petitioner is in custody since 28.02.2020 and the chargesheet has already been submitted in this case.

Considering the period of custody and the fact that chargesheet has already been submitted, I am inclined to grant bail to the petitioner. Accordingly, petitioner, namely, Balram Bhandari, 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 the learned Chief Judicial Magistrate, Dumka in connection with Dumka (Town) Police Station Case No.11 of 2020 (G.R. No.389 of 2020) subject to the condition that one of the bailers should be a close relative of the petitioner, having sufficient landed property in his own name, and with further conditions that the petitioner will appear and mark his attendance before the Officer-in-Charge, Dumka (Town) Police Station once a month, failing which the Officer-in-Charge concerned will be at liberty to take all steps for re-arrest of the petitioner.

I direct the Jail Authority that before releasing the petitioner from jail, the Jail Authority should get the petitioner tested for COVID-19. If the report is positive, then the District Administration will immediately take steps to isolate the petitioner and get him treated in the COVID Centre by following all the protocols.

This direction is given in the larger public interest and it should not be construed as a condition of bail.