High CourtsSingle Bench

Bikash Kumar Rawani vs State Of Jharkhand

Jharkhand High Court · Decided on 5 January 2021 · Citation: (2021) 01 JH CK 0029

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 302
RESULT
Allowed
CASE NUMBER
Bail Application No. 10259 Of 2020
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Judgment

17 paragraphs · 325 words

Heard the parties through video conferencing.

Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

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

present.

The petitioner has been made accused in connection with Barwadda P.S. Case No. 125 of 2020 registered under sections 302/34 of the Indian Penal

Code.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed murder of Mithun Hazra. It is

submitted that the allegation against the petitioner is false. It is next submitted that the eye-witness of the occurrence namely Sanu Kumar Bhagat has

stated before the police that the deceased himself hit the glass pan of Lucky Tailors and sustained injury. It is next submitted that admittedly the

occurrence took place in the course of hot exchange of words consequent upon a minor accident with the motorcycle of the petitioner and the car of

the deceased. It is next submitted that the main allegation is against the wife of the petitioner and Mamta Singh. It is next submitted that the petitioner

undertakes to co-operate with the trial of the case. It is further submitted that the petitioner has been in custody since 25.08.2020 as mentioned in

paragraph 11 of the bail application. Hence it is submitted that the petitioner be released on bail.

Learned Addl. P.P. opposes the prayer for bail.

Considering the facts of this case, the above named petitioner is directed to be enlarged 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 Judicial Magistrate, 1st Class, Dhanbad in connection with

Barwadda P.S. Case No. 125 of 2020 with the condition that he will cooperate with the trial of the case.