BIRENDRA PANDIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned counsel for the State.

(2.) Petitioner is an accused in a case registered u/s 395 of the I.P.C . It is submitted by learned counsel for petitioner that he is not named in the F.I.R and subsequently, on the basis of the confessional statement of one Vinod Paswan his named transpired and a sim was recovered from the possession of the petitioner which was said to be the sim of the mobile number looted from the house of the informant. There is no evidence that the petitioner has purchased that sim or was in his name. The other co-accused namely Vinod Paswan has been granted bail by this court in B.A. No. 3308 of 2010 dated 27.8.2010 , Kailash Rana has been granted bail in B.A. No. 3310 of 2010 and Dashrath Yadav has been granted bail in B.A. No.4814 of 2010. Petitioner is in custody since, 21.2.2010

(3.) In the facts & circumstances of the case , since similarly situated coaccused have been granted bail and petitioner has remained in custody for sometime, he is directed to be released on bail on furnishing bail bond of Rs.15,000(Fifteen Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate Dhanbad in connection with Koderma G.R.P.S. Case No. 03/2009 subject to the condition that bailors must be local having property within the jurisdiction of the court. Further, petitioner must attend the court once every month on the date fixed, otherwise his bail bond will be cancelled.