Fahim Khan vs The State of Jharkhand

Narendra Nath Tiwari, J.—The Petitioner is an accused in the case registered under Sections 147, 148, 149, 341, 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

Learned Counsel for the Petitioner submitted that the Petitioner has been falsely implicated in the case because of his antecedent; admittedly, at the time of occurrence, he was in custody; there is no allegation of any assault by the Petitioner; nothing cogent has come against the Petitioner except that coaccused Chiku Khan had uttered that the deceased was instrumental in sending his uncle (the Petitioner) to jail and the Petitioner had instructed coaccused Raju Khan to finish the deceased; the Petitioner is a local permanent resident; there is no chance of his absconding.

Learned Counsel for the informant as also learned A.P.P. opposed the Petitioner''s prayer for bail, but has not disputed the said contentions of learned Counsel for the Petitioner.

Regard being had to the facts and circumstances of the case, the Petitioner, abovenamed, 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 learned Chief Judicial Magistrate, Ranchi in connection with Jagannathpur P.S. Case no.286 of 2009, corresponding to G.R. No. 5274 of 2009, with the condition that the bailors must be the family members and that the Petitioner shall appear physically on all the date in the case in the court below.