Subodh Birjiya And Ors vs State of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.

The petitioners have moved this Court for grant of privilege of regular bail in connection with Senha P.S. Case No.41 of 2019 (S.T. No. 86 of 2019) registered under sections 147/148/149/307/186/353 of the Indian Penal Code, under section 25 (1-B)A/(1-AA)/26 (1) (2)/27 (1)(2)/35 of the Arms Act, section 17 of the C.L.A. Act and under section 10/13/16/17/20 of the U.A.P. Act. The learned counsel for the petitioners submits that it has been alleged that there was exchange of firing between the police personnel and the extremists and the co-accused were arrested at the spot and the petitioners have been implicated in this case on the basis of confessional statement of the co-accused persons namely Tewari Oraon. It is then submitted that Tewari Oraon, Mozibul Ansari and Zahid Khan who have already been released on bail by a coordinate Bench of this Court vide order dated 16.12.2019, passed in B.A. No. 11204 of 2019, vide order dated 19.12.2019, passed in B.A. No. 11342 of 2019 and vide order dated 06.01.2020, passed in B.A. No. 11513 of 2019. It is next submitted that the petitioners have been in custody since 06.03.2019, as has been mentioned in paragraph no. 8 of the bail application. Hence, it is submitted that the petitioners be admitted to bail.

The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above named petitioners on bail. Accordingly, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -III, Lohardaga, in connection with Senha P.S. Case No.41 of 2019 (S.T. No. 86 of 2019).