Bihar Colliery Kamgar Union vs Employer in relation to the Management of Bhawra

Heard the learned counsel for the parties.

The petitioner is an accused in a case registered under Sections 143/147/149/341/302/120-B of the Indian Penal Code, in connection with Namkum P.S. Case No. 169 of 2016, corresponding to G.R. No. 3656 of 2016, pending in the court of the learned Judicial Magistrate-1st Class, Ranchi.

The learned Senior Counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. The informant has implicated the petitioner due to his own grudge and malice. The petitioner is alleged to have confessed his guilt before the police which has no evidentiary value. The police has also not collected any other admissible evidence to connect the petitioner with the alleged offence. The petitioner is in judicial custody since 28.06.2016 and, therefore, he may be given the privilege of regular bail.

The learned A.P.P. while opposing the petitioner''s prayer for bail submits that one Etwa Munda who is the eye-witness of the occurrence clearly stated that the petitioner along with other co-accused persons caught hold of Sanika Lohra, Vishnu Hazam and Singhrai Hazam (all deceased) and tied their hands and thereafter, they were taken towards the jungle. Subsequently, the dead-body of three persons were recovered. The petitioner being one of the assailants may not be given the privilege of regular bail.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail and, hence, the bail application of the petitioner is hereby dismissed.