JITEN KISKU, SHIBDHAN HEMBRAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) B.A. No.5193 of 2011 and B.A. No.5317 of 2011 arise from the same case as such both cases are being disposed of by this common order. Heard learned counsel for the petitioners and learned A.P.P. for the Prosecution. Petitioners have been made accused for the offence under Sections 302/201/34 of the Indian Penal Code and Section 27 of the Arms Act, in connection with Kundhit P.S. Case no.51 of 2010, corresponding to G.R. No. 603 of 2010. According to the FIR, it is alleged that the petitioner Shibdhan Hembram along with other 5 to 6 persons came and committed the murder of one Pradeep Kumar Singh. Informant is the eyewitness to the occurrence.

(2.) Learned counsel for the petitioner submitted that petitioner Jiten Kisku is not named in the FIR and some witnesses have taken his name, but no specific role was assigned to him. So far petitioner Shibdhan Hembram is concerned, learned counsel for the petitioner submitted that though petitioner is named in the FIR but the informant has not assigned any role to him, however some witnesses have stated that they were informed by the informant that he was the main assailant of the deceased. Learned counsel accordingly prays for bail.

(3.) Learned APP on the other hand opposed the prayer for bail and stated that there is direct allegation against the petitioner Shibdhan Hembram but so far petitioner Jiten Kisku is concerned, learned APP very fairly concedes that though some witnesses have taken his name but there is no specific allegation against him. In the facts and circumstances of the case, I am inclined to release the petitioner Jiten Kisku on bail. Accordingly, the petitioner Jiten Kisku is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamtara, in connection with Kundhit P.S. Case no.51 of 2010, corresponding to G.R. No. 603/2010. So far petitioner Shibdhan Hembram is concerned, in view of the allegation against him, I am not inclined to release this petitioner on bail.