Binod Munda @ Vinod Munda vs State Of Jharkhand

Learned counsel for the petitioner has submitted that though there are defect i.e. defect nos.5(e), 9(i) to (v) in the bail application as pointed out by the

stamp reporter but he has filed an undertaking that he shall remove the defect after the lockdown period is over and the bail application may be heard

as it is a regular bail in which petitioner is in custody since 01.10.2019. Considering the same, this Court is inclined to hear the bail application on merit

but with condition that petitioner shall remove the defects within 30 days after the lockdown period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the lockdown period is over so as to remove the defects. Heard,

learned counsel for the petitioner, Mr. Rajan Sahay and learned counsel for the State, Mr. S.K. Srivastava.

Petitioner has prayed for grant of regular bail in connection with Angara P.S. Case No.45 of 2019, corresponding to G.R. No.2066 of 2019, S.T. No.

111 of 2020, for the offence registered under Section 395 IPC. Learned counsel for the petitioner has submitted that unknown persons, one among

whom came on scooty no.4080 and two persons on a Apache motorcycle bearing no.8780 came there and on the point of arms they looted

Rs.11,000/- and a Samsung mobile bearing No.7762882692 from the informant. Learned counsel for the petitioner has further submitted that petitioner

is not named in the FIR, nor any recovery has been made nor he has been put on TIP rather because of confessional statement recorded in another

case he has been remanded in this case. Learned counsel for the petitioner has further submitted that apart from the present case, petitioner is also

accused in connection with Mandar P.S. Case No.94 of 2019 registered under Section 399 IPC and Section 25(1-b)a/25(1-A) 26/35 of Arms Act.

Learned counsel for the petitioner has further submitted that in Chanho P.S. Case No.17 of 2016 registered under Sections 302/201 IPC, petitioner

has already been acquitted and the judgment of acquittal has been brought on record and he is in custody since 01.10.2019, as such, he may be

enlarged on bail.

Learned counsel for the State has opposed the prayer for bail and has submitted that police has found complicity of the petitioner and he has been

charge-sheeted under Section 395 IPC, as such, considering his criminal antecedent, he may not be enlarged on regular bail.

After hearing, learned counsel for the parties and perusing the materials brought on record though petitioner has criminal antecedent but there is no

legal material, so far involvement of the petitioner is concerned, has been brought on record and petitioner is in custody since 01.10.2019, as such,

petitioner (Binod Munda @ Vinod Munda), is directed to be released 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 A.J.C.-II, Ranchi in connection with Angara P.S. Case No.45 of 2019,

corresponding to G.R. No.2066 of 2019, S.T. No. 111 of 2020 on the following conditions:-

(i) One of the bailor shall be deponent of the present case namely, Bandhu Oraon, S/o Gaina Oraon, R/o Village- Taranga P.O.- Choreya, P.S.

Chanho, District- Ranchi having UID No.3647 1908 4459.

Office is directed to send photo copy of the UID Card bearing No. 3647 1908 4459 of deponent along with this order to the court below so as to verify

the authenticity of the bailor.

(ii) Another bailor shall be close relative (father/mother/wife/son/brother) of the petitioner.

(iii) Petitioner shall appear before the learned trial court on each and every date till conclusion of the trial, failing which the learned trial court shall

cancel the bail bonds of the petitioner.

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

(v) The Civil Surgeon, Ranchi 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.

(vi) 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.