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The Indian Penal Code
Section 17 in The Indian Penal Code

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Jharkhand High Court
Kameshwar Biyar vs The State Of Jharkhand on 29 August, 2013
                             B.A. No. 4759 of 2013

Kameshwar Biyar                                      ....   Petitioner(s)

State of Jharkhand                             ...   Opposite Party

Coram :             HON'BLE MR. JUSTICE D.N.UPADHYAY

For the petitioner (s): Mr. J.S. Singh
For the opposite party : Addl.P.P.


Heard the learned counsel for the petitioner and the learned counsel for the State.

Petitioner is accused in connection with Dandai PS case No. 69 of 2012 for the offence registered under sections 147/148/149/323/341/353/504/379/386 of the Indian Penal Code and section 17 of the CLA Act.

It reveals from FIR that some of the miscreants disclosing their identity as members of TPC had been to the place of occurrence in order to demand rangdari. They had snatched mobile phone of the informant and had also given their mobile numbers to have talk with them. In course of conversation, the accused persons were addressing each other by name in which one of the accused was addressed as Kameshwar.

It is submitted that without verifying identity of the accused, petitioner has been arrested and forwarded to jail custody. Without cogent evidence, charge sheet has been submitted against the petitioner.

Learned counsel for the State has opposed the prayer. Considering above aspects of the matter, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. CJM, Garhwa, in connection with Dandai PS case No. 69 of 2012 (G.R.No. 2355 of 2012 ).

Ambastha/-                                            ( D.N.Upadhyay,J.)