Halen Kerketta vs State of Jharkhand

Jaya Roy, J.—Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is an accused in a case for the offence registered under Sections 414 of the Indian Penal Code, Section 25(1-B)a/26/35 of the Arms Act and Section 17 of the C.L.A. Act.

Learned counsel for the petitioner has submitted that allegation against the petitioner is that he has been arrested on chase by the police and from his possession one country made loaded pistol and also the mobile phone have been recovered. It is also submitted that the petitioner is in custody from 14.05.2012 i.e. more than ten months.

Learned counsel for the State has opposed but he has not disputed the aforesaid contentions made by the counsel for the petitioner. Considering the facts and circumstances of the case and considering the period of custody of the petitioner i.e. more than ten months, the petitioner, above named, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Gumla in connection with Kamdara PS. Case No. 22 of 2012 corresponding to GR. No. 407 of 2012, subject to the condition that one of the bailors will be local resident having immovable property within the jurisdiction of the District concern.