NELAN SURIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Supplementary-Affidavit dated 01.02.2018 is taken on record. This is the second attempt by the petitioner.

(2.) Previously, the bail application of the petitioner who has been made an accused in Simdega P.S. Case No.117 of 2016 registered for the offences under sections 302/379 IPC, but subsequently charge has been framed for offences under sections 394, 411, 302/34, 201/34 IPC, failed when B.A. No.4209 of 2017 was dismissed on 31.07.2017. The previous bail application was dismissed after examining merits of the case.

(3.) In the meantime, during the trial prosecution has examined five witnesses out of seven witnesses. Referring to evidence of P.W.2 and P.W.3, the learned counsel for the petitioner contends that the alleged seizure of motorcycle from the possession of the petitioner has not been supported by these two prosecution witnesses. Another ground for seeking bail for the petitioner is period of custody.