Kashi Yadav vs The State of Jharkhand

Narendra Nath Tiwari, J.—The Petitioner is an accused in the case registered under Sections 147, 148, 149, 307, 332, 333, 353, 427, 379 and 511 of the Indian Penal Code, Section 27 of the Arms Act, Sections 17 and 18 of Criminal Law Amendment Act and Section 13 of U.A.P. Act.

Learned Counsel for the Petitioner submitted that the Petitioner has been falsely implicated in the case; there is general and omnibus allegation against eight named and 150200 unknown miscreants; nothing incriminating has been recovered from the Petitioner''s possession; the Petitioner is in custody since September, 2010, but till date he has not been put on test identification parade; the Petitioner is Kashi Yadav and in the first information report, the name without parentage appears as Kashi Da; there is doubtful identity without correct description of the accused persons; there is no allegation of causing injury to the police party or anybody else.

Learned A.P.P. opposed the Petitioner''s prayer for bail and submitted that the Petitioner is named accused and that there is allegation of opening firing on police party; the Petitioner has at least three criminal antecedent. However, he has not disputed other contentions of learned Counsel for the Petitioner.

Regard being had to the facts and circumstances of the case, 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 Judicial Magistrate, 1st Class, Giridih in connection with Bagodar P.S. Case No. 151 of 2008, corresponding to G.R. No. 1326 of 2008, with a condition that the bailors shall be the family members of the Petitioner and that the Petitioner shall appear physically on all the dates in the case in the court below.