Piyush Mishra vs State of Jharkhand

Heard learned counsel for the parties through V.C.

Mr. Indrajit Sinha, learned counsel for the petitioner submits that apart from one defect i.e. filing of original Vakalatnama, the other defects have already been removed. He further prayed for ignoring the subsisting defect for the time being.

As prayed for by learned counsel for the petitioner the remaining defect is hereby ignored for the time being.

The instant application has been preferred by the petitioner for grant of regular bail in connection with Sitaramdera P.S. Case No.46 of 2020, registered under Sections 147, 148, 149, 307, 290, 504, 506, 120B, 201 of the IPC, and Sections 25(1-B)a/26/27/35 of the Arms Act, which is pending before the learned Judicial Magistrate, 1st Class at Jamshedpur.

Learned counsel for the petitioner submits that the petitioner is a responsible journalist, Press Bureau Chief of Kolhan of Zee T.V Network and coming from a respectable family, having no criminal antecedent. He further submits that the entire allegation has been leveled on some suspicion and he has been falsely implicated in this case. He further submits that even the state has admitted that the petitioner is a journalist. He contended that being a journalist he might have been seen in the CCTV footage. However, he has not committed any offence whatsoever. He further submits that there is no recovery of any weapon against this petitioner and he is ready to abide by any condition imposed by this Court.

Learned A.P.P. on the other hand vehemently opposed the prayer for bail of the petitioner and submits that the petitioner has been seen in the CCTV footage and on his confession motorcycle has been recovered. He further submits that actually he is associated with a gang headed by one Akhilesh Singh.

Having regard to the facts of the case, the petitioner is directed to be released on bail. At present, the petitioner shall be released on furnishing personal bail bond of Rs.5,000/- (Five Thousand Only), thereafter, when the Lockdown period is over, the petitioner shall furnish bail bond of Rs. 10,000/- (Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class at Jamshedpur, in connection with Sitaramdera P.S. Case No.46 of 2020, within a period of one month from the date of lifting of Lockdown.

Further, the petitioner shall appear on each and every date during trial before the learned trial court whenever the functioning of regular court begins till then, the petitioner shall register his presence before the concerned police station weekly, failing which the learned trial court shall be at liberty to cancel his bail.

With the aforesaid directions, this bail application is allowed and disposed of.