Nishar Khan And Ors vs State Of Jharkhand

Heard, learned senior counsel Mr. Jai Prakash assisted by learned counsel for the petitioners, Mr. Yogesh Modi.

Learned counsel for the petitioners has submitted that defect no. 5(e), as per Stamp Reporting dated 08.09.2020, has not been removed, which he undertakes to remove within 30 days after the physical court starts and has prayed that the bail application may be heard, as it is a regular bail application of the petitioners, who are in custody.

Considering the same, this Court is inclined to hear the instant bail application on merits, but with condition that petitioners shall remove the defect(s) within 30 days after the physical court starts.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the physical court starts so as to remove the defect(s).

Learned counsel for the petitioners has submitted that the petitioners have prayed for grant of regular bail in connection with Garhwa Town P.S. Case No. 281/2020, for the offence registered under Sections 147, 148, 149, 341, 323, 325, 307 & 506 I.P.C. and Section 27 of the Arms Act, subsequently, vide order dated 27.05.2020, Sections 324 & 326 I.P.C. have been added.

Learned counsel for the petitioners has submitted that F.I.R. has been lodged against eight accused persons. It is alleged in the First Information Report that petitioner no.1 namely, Nishar Khan, aged about 61 years, petitioner no.2 namely, Mustak Khan, aged about 58 years have fired, which caused injury upon the informant side, which was found to be grievous in nature.

Learned counsel for the petitioners has submitted that so far recovery of the used pistol is concerned, the same has been alleged to be recovered from house of Akbar Khan and Anwar Khan on their confessional statement.

Learned counsel for the petitioners has submitted that there is case and counter case between the parties and counter case has been lodged as Garhwa Town P.S. Case No.282/2020 under Sections 147, 148, 149, 341, 323, 324, 307, 504 I.P.C. and Section 27 of Arms Act. So far petitioner nos. 3 and 4 are concerned, there is an omnibus allegations that they have assaulted and cause fracture of right hand and swelling of the left hand, as such, the petitioners may be enlarged on bail, who are in custody since 08.06.2020, 12.06.2020, 02.06.2020 and 28.05.2020 respectively.

Learned counsel for the State, M/s Snehlika Bhagat has opposed the prayer for bail.

Considering the rival submissions of the parties, this Court directs the State counsel to file detail counter affidavit and material collected in both the cases i.e. Garhwa Town P.S. Case No.281/2020 and Garhwa Town P.S. Case No. 282/2020 and the injury sustained by both the sides as well as criminal antecedent report of the petitioners.

Put up this case after four weeks along with analogous cases of co-accused pending before this court or regular bail application arising out of Garhwa Town P.S. Case No. 281/2020.