Mithlesh Kumar Saw @ Mithilesh Kumar Saw vs State Of Jharkhand

Learned counsel for the petitioner has given an undertaking to comply the previous order with regard to removal of the defect(s).

Heard, learned counsel for the petitioner, Mr. Tarun Kumar No. 1 and learned counsel for the State, Ms. Sweta Singh.

Learned counsel for the petitioner has submitted that the petitioner has prayed for grant of regular bail in connection with Giridih (M) P.S. Case No.

75/2020, for the offence registered under Section 392 I.P.C. and Section 27 Arms Act against three unknown accused persons, but during

investigation, on the basis of confessional statement of co-accused Deepak Kumar Ram, the name of the petitioner got transpired and thereafter

charge sheet has been submitted under Sections 395/412 IPC. and Sections 25(1-B)a, 26, 27 & 35 of Arms Act.

Learned counsel for the petitioner has submitted that counter- affidavit has been filed in this case whereby it has been alleged that this petitioner has

confessed his guilt and the same has been recorded in para 47 of the case-diary as Rs.34,500/- has been recovered from the house of the petitioner

and the same has been alleged to be the looted money of the case.

Learned counsel for the petitioner has further submitted that co-accused, Deepak Kumar Ram from whose house Rs.30,000/- was recovered has

been granted bail by Co-ordinate Bench of this Court vide order dated 09.09.2020 passed in B.A. No.5942/2020, co- accused, Ajay Kumar @ Ajay

Hazra from whose house Rs.36,970/- was recovered has been granted bail vide order dated 17.09.2020 passed in B.A. No.6174/2020, co-accused,

Jitendra Saw has been granted bail by co-ordinate Bench of this Court vide order dated 21.09.2020 passed in B.A. No.6534 of 2020 and co-accused,

Shankar Kumar Ram has been granted bail by co-ordinate Bench of this Court vide order dated 12.10.2020 in B.A. No.7861 of 2020.

Learned counsel for the petitioner has further submitted that petitioner is in custody since 23.03.2020 having no criminal antecedent, as such, he may

be enlarged on bail.

Learned counsel for the State, Ms. Sweta Singh has opposed the prayer for bail and has submitted that counter-affidavit has been filed and this

petitioner has confessed his guilt. Pursuant thereto recovery has been made, as such, petitioner may not be enlarged on bail.

After hearing, learned counsel for the parties and perusing the materials brought on record and looking into the facts and circumstances of the case

that said money has not been put on TIP and considering that co-accused, Deepak Kumar Ram from whose house Rs.30,000/- was recovered has

been granted bail by Co- ordinate Bench of this Court vide order dated 09.09.2020 passed in B.A. No.5942/2020, co-accused, Ajay Kumar @ Ajay

Hazra from whose house Rs.36,970/- was recovered has been granted bail vide order dated 17.09.2020 passed in B.A. No.6174/2020, co-accused,

Jitendra Saw has been granted bail by co-ordinate Bench of this Court vide order dated 21.09.2020 passed in B.A. No.6534 of 2020 and co-accused,

Shankar Kumar Ram has been granted bail by co- ordinate Bench of this Court vide order dated 12.10.2020 in B.A. No.7861 of 2020, this Court is

inclined to grant Bail to the petitioner. Accordingly, petitioner (Mithlesh Kumar Saw @ Mithilesh Kumar Saw), is directed to be released on bail on

furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M.,

Ramgarh in connection with Girid

ih (M) P.S. Case No. 75/2020 on the following conditions:-

(i) One of the bailors shall be deponent/parivikar of the present case namely, Manijar Kr. Saw, S/o Nunulal Saw, R/o Village- Bhelwaghati, P.O.-

Jagsimar, P.S.- Bhelwaghati, District- Giridih (Jharkhand), who has furnished photocopy of his UID Card bearing No.7087 0946 0875 before this

Court in the bail application.

Office is directed to send photo copy of the UID Card bearing No. 7087 0946 0875 of deponent along with this order to the court below so as to verify

the authenticity of the bailor.

(ii) Another bailor shall be mother/father/brother/sister/son.

(iii) The Jail Authority shall release the petitioner only after his medical check-up.

(iv) The Civil Surgeon, Ramgarh is directed to medically examine the petitioner at the time of his release and if require, petitioner shall be taken for

quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(v) Petitioner shall also comply with all the guidelines issued by the Government to meet the challenges of Covid-19, as the country is passing through

Pandemic of Covid-19..\