High CourtsSingle Bench

Shankar Mahto vs State Of Jharkhand

Jharkhand High Court · Decided on 9 March 2021 · Citation: (2021) 03 JH CK 0241

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 148, 149, 302, 307, 323, 325, 504, 506
RESULT
Allowed
CASE NUMBER
Bail Appication No. 2518 Of 2021
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Judgment

6 paragraphs · 350 words

Heard the parties through Video Conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the present.

The petitioner has been made accused in connection with Govindpur P.S. case no. 84 of 2020 registered under Sections 147, 148, 149, 323, 325, 302, 307, 504, 506 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is a member of an unlawful assembly and in prosecution of common object of the assembly, he committed murder of Hari Prasad Mahato. It is then submitted by learned counsel for the petitioner that the allegation against the petitioner is false. It is further submitted by learned counsel for the petitioner that there was free fight between the parties and for the selfsame occurrence, from the side of the petitioner, the mother of the petitioner has lodged Govindpur P.S. case no. 85 of 2020. It is further submitted by learned counsel for the petitioner that charge sheet has been submitted against the petitioner and the petitioner had no intention to kill anybody. It is further submitted by learned counsel for the petitioner that the petitioner has been in judicial custody since 12.03.2020 as mentioned in paragraph 9 of the bail application and the petitioner is ready and willing to co-operate with the trial of the case hence, the petitioner may be released on bail.

Learned Addl. P.P. opposes the prayer for bail of the petitioner. Considering the facts of the case, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st class, Dhanbad in connection with Govindpur P.S. case no. 84 of 2020 subject to the condition that the petitioner will co-operate with the trial of the case.