Rupchand Das and Taib @ Bholu vs The State of Jharkhand

H.C. Mishra, J.—Heard learned Counsel for the Petitioners and learned Counsel for the State.

Petitioners have been made accused for the offence u/s 399, 402 and 414 of the Indian Penal Code and Sections 25(1B)(a), 26 and 35 of the Arms Act in connection with Chouka P.S. Case No. 72 of 2010 corresponding to G.R. No. 957 of 2010, which was instituted on the basis of the self recorded statement of Officerincharge of Chouka Police Station. It was stated that on 25th November, 2010 he got information that some persons were making preparation of committing dacoity. He raided the place and apprehended the accused persons. It is alleged that from the possession of Petitioner No. 1Rupchand Das one country made pistol, one mobile phone, one pair Payal and some cash were recovered, whereas from the possession of Petitioner No. 2Taib @ Bholu some cash, mobile phone, one pair of Payal and one gun were recovered. Learned Counsel for the Petitioners has submitted that the Petitioners have been in custody since 26th November, 2010.

Learned A.P.P., on the other hand, opposed the Petitioners'' prayer for bail.

In view of the aforesaid facts and circumstances, I am inclined to release the Petitioners, Rupchand Das and Taib @ Bholu, on bail and, accordingly, they 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 learned Chief Judicial Magistrate, Saraikella in connection with Chouka P.S. Case No. 72 of 2010, corresponding to G.R. No. 957 of 2010.