Irshad @ Appu vs State of Jharkhand

Defects as pointed out by the office are ignored.

Heard Mr. Shubhashis Rasik Soren, learned counsel for the petitioner and Mr. Bijay Kumar Sinha, learned A.P.P. for the State.

The petitioner is an accused in connection with Lower Bazar P.S. Case No. 288 of 2018, corresponding to S. T. No. 172 of 2019 and 362 of 2019.

The son of the informant was accosted by the accused persons and Badka @ Irshad had given repeated knife blows which resulted in the death of

the son of the informant.

The seizure list reveals the recovery of a knife but it does not indicate that the same was recovered from the petitioner.

Learned counsel for the petitioner while referring to the impugned order submits that Badka @ Irshad was the main assailant but since the name of

the petitioner is also Irshad an error of record has cropped up in the impugned order by attributing the main allegation to the present petitioner. It has

further been submitted that Badka @ Irshad is also in custody. The petitioner is in custody since 24.08.2018.

Although the petitioner is said to have criminal antecedent as is reflected in the impugned order but taking into consideration the over all aspects of the

case which does not indicate the petitioner to be the assailant, the petitioner, named above, is directed to be released on bail on furnishing bail bond of

Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Additional Judicial Commissioner -

XV, Ranchi, in connection with Lower Bazar P.S. Case No. 288 of 2018, corresponding to S. T. No. 172 of 2019 and 362 of 2019.