Binod Kumar Singh vs State Of Jharkhand

Kailash Prasad Deo, J

Learned counsel for the petitioner has submitted that though there are some defect(s) in the bail application, as pointed out by the stamp reporter, but

undertakes to remove the defect(s) within 30 days, after the physical court starts and prayed that bail application may be heard as it is a regular bail

application of the petitioner, who is in custody.

Considering the same, this Court is inclined to hear the bail application on merits but with condition that petitioner shall remove the defect(s) within 30

days after the physical court starts.

Joint Registrar (Judicial) is directed to ensure the compliance of this order. Heard, learned counsel for the petitioner, Mr. Rajeev Ranjan Tiwary and

learned counsel for the State, Mr. Suraj Verma, APP.

Learned counsel for the petitioner has submitted that petitioner has prayed for grant of bail in connection with Chouparan P.S. Case No. 29 of 2018,

corresponding to G.R. Case No.370 of 2018, for the offence registered under Sections 420, 406 & 409 IPC.

Learned counsel for the petitioner has further submitted that I.A. No.3490 of 2021 in B.A. No.8480 of 2021 has been filed for grant of provisional bail

for 15 days to the petitioner as father of the petitioner, namely Shiv Nandan Singh, R/o Village- Bisunpur, P.O.- Bedhna, P.S. Chouparan, District-

Hazaribag, died on 22.07.2021 and petitioner is in custody since 12.08.2018, as such, for performing the last rites and rituals provisional bail for 15 days

may be granted.

Learned counsel for the petitioner has further submitted that supplementary affidavit on behalf of the petitioner has also been filed stating therein at

para 2 that as per instruction received from pairvikar of the petitioner, the deponent humbly submits that petitioner is ready to furnish sureties from the

persons who are in government jobs in the event of his release on bail.

Learned counsel for the State, Mr. Suraj Verma has submitted that earlier the prayer for bail of this petitioner was rejected thrice by this Court i.e. in

(1) B.A. No.9209 of 2018 vide order dated 01.03.2019, in (2) B.A. No.8153 of 2019 vide order dated 11.10.2019 and in (3) B.A. No.4452 of 2020

vide order dated 29.01.2021 and till date only five witnesses have been examined, as such, if provisional bail is granted to the petitioner there is every

livelihood that petitioner may abscond, but if the bail bonds will be furnished by the government servants, provisional bail may be granted. Apart from

that the Superintendent of Police, Hazaribagh may also be directed to look over the movement of this petitioner through his police agency.

Considering the rival submissions of the parties, looking into the facts and circumstances of the case, since the father of the petitioner has died, this

court is inclined to grant provisional bail to the petitioner.

Accordingly, petitioner (Binod Kumar Singh), is directed to be released on Provisional Bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty

Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, at Hazaribag in connection with

Chouparan P.S. Case No. 29 of 2018, corresponding to G.R. Case No.370 of 2018 on the following conditions:-

(i) Petitioner must surrender by 7th August, 2021. (ii) Both the bailors shall be Government servants.

(iii) The Jail Authority shall release the petitioner only after his medical check-up.

(iv) The Civil Surgeon, Hazaribagh is directed to medically examine the petitioner at the time of his release and if require, petitioner shall be taken for

quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(v) Petitioner shall also comply with all the guidelines issued by the Government to meet the challenges of Covid-19, as the country is passing through

Pandemic of Covid-19.

I.A. No.3490 of 2021 is allowed.

Let a copy of this order be communicated to the court concerned as well as the Superintendent of Police, Hazaribag through FAX at once.