In A.B.A. No. 472 of 2014, the High Court of Jharkhand granted anticipatory bail to the petitioner. The beneficiary faces allegations of assault and attempted murder under various IPC sections.
Petitioner granted anticipatory bail on bond of Rs. 10,000 with two sureties against Co-accused precedence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B. A. No. 472 of 2014
Md. Manauwar Hussain ..... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. P.C. Sinha, Advocate. For the State : A.P.P. --------
04/ 09.09.2014 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in connection with Bengabad P.S. Case No. 34 of 2013 corresponding to G.R. No. 593 of 2013, for the alleged offences under Sections 147, 148, 341, 323, 307 and 379 of the Indian Penal Code.
Though there is allegation against the petitioner and the other co-accused persons to have assaulted the informant, but it is submitted by learned counsel for the petitioner that the other co-accused persons, having the similar allegation of assault have already been granted anticipatory bail by order dated 30.8.2014 in A.B.A. No. 650 of 2014. Learned counsel has accordingly, prayed for anticipatory bail.
Learned counsel for the State on the other hand has opposed the prayer submitting that summons have been issued against the petitioner and there is no apprehension of arrest against the petitioner at this state. It however appears from the record that the cognizance has been taken against the petitioner under Sections 307/379 of the Indian Penal Code.
In the facts of the case, since the other co-accused persons have already been granted anticipatory bail, I am inclined to grant anticipatory bail to the petitioner, Md. Manauwar Hussain. Accordingly, it is directed that in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of Sri K. Pattadar, learned Judicial Magistrate, 1st class, Giridih, or his successor, in connection with Bengabad P.S. Case No. 34 of 2013 corresponding to G.R. No. 593 of 2013, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
( H. C. Mishra, J.)
Amitesh/-
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail given that co-accused were previously granted bail.
Whether the petitioner faces a genuine apprehension of arrest warranting bail.
1 provisions across 1 enactments
Md. Manauwar Hussain
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
