Kundan Kumar vs The State of Jharkhand

Narendra Nath Tiwari, J.—The petitioner is an accused in the case registered under Sections 302 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the case; the petitioner is not named in the first information report; his name transpired in the confessional statement of coaccused Kalyan Kumar Dutta; another allegation is that the petitioner confessed his guilt before the police, except that there is nothing against him; said coaccusedKalyan Kumar Dutta has been granted bail by this Court in B.A. no.7091 of 2010; the petitioner is in custody since July, 2010 without any cogent basis.

Learned A.P.P. opposed the petitioner''s prayer for bail and submitted that incriminating article has been recovered from the room in which the petitioner along with said Kalyan Kumar Dutta was also residing. He further submitted that the petitioner is resident of State of Bihar and there is likelihood of his absconding, if he is released on bail. However, he has not disputed the other contentions of learned Counsel for the petitioner.

Regard being had to the facts and circumstances of the case, the petitioner, abovenamed, is directed to be released on bail on furnishing bail bond ofRs.10,000/-(rupees ten thousand) with two sureties of the like amount, each, to the satisfaction of learned Additional Chief Judicial Magistrate, Rajmahal in connection with Ranga P.S. Case no.19 of 2010, corresponding to G.R. no.131 of 2010, with the condition that the bailors must be local permanent residents of the place within the territorial jurisdiction of the court below and that the petitioner shall appear physically on all the dates in the case in the court below.