Mithilesh Kumar Ray vs State of Jharkhand

Jaya Roy, J.—Parvikar Sanotosh Kumar Ray s/o Late Brij Bihari Ray is present today before this Court and he has filed show cause explaining reasons for swearing the said affidavit in this application. He has submitted that he has no knowledge about this fact. But that it cannot be a ground for sworn the false affidavit before this Court. However, it is the first time, therefore, I do not proceed against him. I warn him for keeping himself fully aware of the matter and only then to file or sworn any affidavit before this High Court. He has tendered unqualified apology and for this he has further submitted that he will be careful in future so that he does not commit same mistake in future.

His presence is exempted and I am not proceeding against him. There is no need for his further appearance before this Court.

Learned counsel for the petitioner has submitted that the petitioner No. 2 has already been granted bail in B.A. No. 10315 of 2012 and as such he has prayed for deleting his name from the present bail application i.e. B.A. No. 640 of 2013.

Learned counsel for the petitioner is permitted to delete the name of the petitioner No. 2 from the petition.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner No. 1 is an accused in a case for the offence registered under Sections 452, 419, 420, 379, 385, 386, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioner No. 1 has submitted that the another co-accused, namely, Shambhu Prasad Kushwaha, who is standing on the similar footing with the present petitioner, namely, Mithilesh Kumar Ray, has already been granted bail by another Bench of this Court in B.A. No. 10315 of 2012 vide order dated 04.02.2013. It is also contended that the present petitioner, namely Mithilesh Kumar Ray is in custody from 04.11.2012 i.e. more than four months. Considering submissions made by both the parties the petitioner, namely, Mithilesh Kumar Ray, 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 Chief Judicial Magistrate, Hazaribagh in connection with Sadar P.S. Case No. 878 of 2012 corresponding to G.R. No. 4405 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.