KUNU NAYAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present application has been preferred under Sections 439 and 440 of the Code of Criminal Procedure in connection with the offence registered with Ghatsila P.S. Case no. 96 of 2008 corresponding to G.R. No. 360 of 2008 for the offences punishable under Sections 147, 148, 149, 353, 307 of the Indian Penal Code, Section 27 of the Arms Act, Section 17 of the C.L.A. Act and Sections 3 and 4 of the Explosive Substance Act, pending in the Court of learned Additional Chief Judicial Magistrate, Ghatsila.

(2.) Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been deliberately named in the first information report,he is a villager; nothing incriminating has been recovered from his possession; no material has been found against him during investigation; co-accused Khagen Mahto with similar allegation, has been granted bail by this Court in B.A. No. 4062 of 2009; the petitioner is in custody since August, 2010.

(3.) Learned A.P.P. opposed the petitioner's prayer for bail, but has not disputed the other contentions of learned counsel for the petitioner.