Luis Kongari vs State of Jharkhand

Jaya Roy. J.

Heard counsel appearing for the petitioner and counsel appearing for the State. Petitioner is an accused in this case registered under Sections 147/148/149/307/353/414 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the C.L.A. Act.

Counsel appearing for the petitioner has submitted that the another co-accused namely Sudhir Kongari, who is standing on similar footing with the present petitioner, has already been granted bail by another Bench of this Court in B.A. No. 9044 of 2012 vide order dated 04.02.2012. It is further submitted that the petitioner is in custody since 29.02.2012 i.e. more than a year.

Counsel appearing for the State has submitted there was encounter between the police party and members of extremists. The extremists managed to flee away and the petitioner is one of the members of the said extremists group. Considering the submissions made by both the parties and considering the period of custody of the petitioner, 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 Shri B. N. Pandey, Judicial Commissioner-II, Khunti in connection with S.T. No. 623 of 2012 arising out of Khunti P.S. Case No. 174 of 2011 corresponding to GR. No. 480 of 2011 subject to the condition that one of the bailors will be local resident having immovable property within the jurisdiction of district concerned.