The High Court of Jharkhand heard an application for anticipatory bail under Section 438 CrPC for two petitioners named in an FIR alleging offences under the Railway Act. The Court granted bail contingent upon surrender.
Anticipatory bail granted on furnishing bail bonds of Rs. 10,000/- each with two sureties upon surrender.
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. 547 of 2014
02/ 04.09.2014 Heard learned counsel for the petitioners and learned A.P.P. for the
State.
The petitioners are apprehending their arrests in connection with Jasidih (Rail) P.S. Case No. 11 of 2012 corresponding to R.G.R. Case No. 40 of 2012, for the alleged offences under Sections 147, 150 and 174 of the Railway Act.
From the FIR, it appears that the petitioners are named in the FIR being the part of a mob, which had jammed the Railway track after putting a dead body on the track. It is stated in the FIR that the deceased had been abducted and the administration and the police were informed about the said occurrence, but the dead body was subsequently recovered and after putting the dead body on the Railway track, the track was jammed. There is allegation in the FIR of raising slogans against the administration and the authorities, but from the FIR, it appears that no further mischief was committed by the mob and upon intervention of the Superintendent of Police, the dead body was removed from the track and the jam was also removed.
In the facts of the case, I am inclined to grant anticipatory bail to the petitioners, Hydar Khan and Mister Khan. Accordingly, it is directed that in the event of their surrender / arrest, the petitioners, named above, shall be released on bail, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned Railway Judicial Magistrate, Madhupur, in connection with Jasidih (Rail) P.S. Case No. 11 of 2012 corresponding to R.G.R. Case No. 40 of 2012, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Amitesh/-
1 issue framed by the court
Whether anteicipatory bail is liable to be granted to the petitioners named in the FIR.
1 provisions across 1 enactments
Hydar Khan
Mister Khan
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
