High CourtsSingle Bench

Mukesh Kumar @ Mukesh Kumar Mahto vs State Of Jharkhand

Jharkhand High Court · Decided on 11 August 2020 · Citation: (2020) 08 JH CK 0101

HON’BLE JUDGES
Ananda Sen, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 386, 387 · Arms Act, 1959 — Section 25(1B)(a), 26 35
RESULT
Allowed
CASE NUMBER
Bail Application No. 4922 Of 2020
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Judgment

19 paragraphs · 339 words

The lawyers have no objection with regard to the proceeding,

which has been held through video conferencing today at 10.30 A.M. They have no complaint in respect to the audio and video clarity and quality.

Defects, pointed out by the office, are hereby ignored for the present.

Heard learned counsel appearing for the petitioner and the learned counsel for the State, who opposes the prayer for bail of the petitioner.

The petitioner is an accused for allegedly committing offence punishable under Sections 386, 387/34 of the Indian Penal Code and Section 25(1-B)(a),

26 35 of the Arms Act.

It is alleged that the petitioner and others have gathered to extort money from the Contractors and to chalk out a plan to that effect. Admittedly, the

petitioner has not been arrested from the spot. His name transpired on the confessional statement of the co-accused, who was arrested.

Considering the aforesaid fact and the fact that the petitioner was not arrested at the spot, I am inclined to enlarge the petitioner on bail. Accordingly,

petitioner namely, Mukesh Kumar @ Mukesh Kumar Mahto is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand)

with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Hazaribagh in connection with Bishnugarh P.S. Case

No. 21 of 2019, subject to the following conditions:

(i) One of the bailers should be his close relative having sufficient landed property in his own name within the District.

(ii) The petitioner will not change his residential address without permission of the Court and will submit a proof of his residential address at the time of

furnishing bail bonds.

(iii) The petitioner will appear before the Officer-in-Charge, Bishnugarh Police Station, Hazaribagh once in a month and shall mark his attendance till

completion of the trial. If he fails to appear in any particular period, his bail bonds shall stand cancelled and the Officer-in-charge would be at liberty to

arrest the petitioner.

With the aforesaid conditions, this application stands allowed.