Jhibra Uraon vs State of Jharkhand

Dhrub Narayan Upadhyay, J.—The learned counsel for the petitioner and the learned counsel for the State. Petitioner is accused in connection with Chandwa PS case No. 79 of 2008, for the offence registered u/s 302 /201 /34 /364 of the Indian Penal Code and section 25(1b)a / 26 / 27 of the Arms Act.

It reveals from FIR that Arsad Khan, brother of the informant and his wife Soni who were sleeping in the house, were found missing since midnight. On the following morning at about 7 a.m. chaukidar informed about the dead body of a male lying within the forest. Informant and other witnesses rushed to the spot and identified die dead body as that of Arsad Khan, but Soni Devi, wife of the deceased has not been traced out.

It is submitted that petitioner is in custody since 12-11-2009. No direct evidence or circumstantial evidence is available on record One of the co-accused having similar allegation has been granted bail vide B A No. 4046 of 2010.

Learned counsel for the State has opposed the prayer and submitted that the petitioner is having criminal history and as many as 20 cases are pending against him.

Be that as it may, the investigating officer has not collected cogent evidence to justify detention of the petitioner in custody in this case. Considering above aspects of the matter, the petitioner above named 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 Sessions Judge, Latehar, in connection with S.T. No. 10 of 2011 arising out of Chandwa PS case No. 79 of 2008 (GR No. 427 of 2008).