Ganesh Bhuiya vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Pran Pranay. Learned counsel for the petitioner has submitted that the petitioner Ganesh Bhuiya has prayed for grant of regular bail in connection with Putki (Bhagaband O.P.) P.S. Case No. 61/2018, corresponding to G.R. No. 2483/2018 (S.T. No. 408/2019) for the offence registered under Sections 302, 201, 120B I.P.C.

Learned counsel for the petitioner has submitted that five persons are named in the F.I.R. including this petitioner on the basis of suspicion, though there is no eye-witness to the occurrence nor any recovery.

Learned counsel for the petitioner has submitted that petitioner has no criminal antecedent and he has been named by the co- accused, Santosh Manjhi as one of the accomplice.

Learned counsel for the petitioner has submitted that co- accused Santosh Manjhi has been granted bail by Coordinate Bench of this Court vide order dated 08.06.2020 passed in B.A. No.2421/20, Yogesh Manjhi has been granted bail vide order dated 10.01.2020 passed in B.A. No.11405/2019, Sheela Devi has been granted bail vide order dated 26.03.2019 passed in B.A. No.8504/2018, Rila Devi has been granted bail vide order dated 29.11.2018 passed in B.A. No.7892/2018, Ranjit Bhuia has been granted bail vide order dated 11.06.2019 passed in B.A. No.1795/2019, as such, this petitioner, who is in custody since 27.05.2019, may also be enlarged on bail as charge has already been framed on 05.02.2020.

Learned counsel for the State, Mr. P.D. Agrawal, Special Public Prosecutor has opposed the prayer for bail, but has fairly submitted that one Santosh Manjhi has been granted bail.

Considering the rival submissions of the parties, since the other co-accused persons including Santosh Manjhi has been granted bail, petitioner is also directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each in connection with Putki (Bhagaband O.P.) P.S. Case No. 61/2018, corresponding to G.R. No. 2483/2018 (S.T. No. 408/2019) to the satisfaction of learned District & Additional Sessions Judge-VI-cum-Spl. Judge-SC/ST, Dhanbad on the following conditions:

(i) One of the bailors shall be the deponent / pairvikar of the present case namely, Birendra Kumar, son of Sarju Prasad, resident of Jorangdih Minus, Quarter, Bermo, Jarangdih, P.O. & P.S. - Bermo, District - Bokaro, who has furnished photocopy of his UID Card bearing number 4451 0586 3537 before this Court in the bail application.

Office is directed to send the photocopy of UID Card bearing no. 4451 0586 3537 of deponent alongwith this order to the court below so as to verify the authenticity of the bailor.

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

(iii) Petitioner shall appear before the trial court on each and every date till conclusion of the trial.

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

(v) The Civil Surgeon, Dhanbad is directed to medically examine the petitioner at the time of his release and if he is infected with corona virus, he 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) The petitioner shall follow all the guidelines issued by the Government to meet the challenges of Covid-19, as presently Country is passing through pandemic of Covid-19.

Accordingly, the instant bail application is allowed.