Nagendra Kumar Mahto @ Nagendra Kumar & Anr vs The State of Jharkhand

Heard learned counsel for the parties.

Petitioners are accused for allegedly committing the offence punishable under Sections 302, 394 of the Indian Penal Code and Section 27 of the

Arms Act.

The informant, who is a Chowkidar, received an information that two unknown miscreants have committed murder of one person by fire-arm.

Informant reached the place of occurrence and found dead body of an unknown person. On the basis of the said informant, FIR was lodged.

Learned counsel for the petitioners submits that the petitioners are not named in the FIR and there is nothing on record that the petitioners were

identified to be miscreants. He submits that admittedly, there is no eye witness to the said occurrence.

Learned A.P.P. appearing for the State opposes the prayer for bail of the petitioner, but, she submits that there are strong circumstances to

implicate these petitioners. She submits that accused confessed the guilt and they had taken away the deceased with them. She also submits that a

bag recovered from the house, which allegedly belonged to the deceased, was identified by the brother of the deceased.

After hearing the parties, I find that admittedly there is no eye witness to the occurrence and the petitioners have been implicated only on the

basis of their confessional statement.

In view of the aforesaid facts, petitioners, namely, Nagendra Kumar Mahto @ Nagendra Kumar and Narendra Kumar Mahto @ Narendra

Kumar, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like

amount each to the satisfaction of the learned Additional Session Judge IV at Chatra in connection with Hunterganj Police Station Case No. 108

of 2013 (G.R. No. 861 of 2013) corresponding to Session Trial No.97 of 2016.