The High Court of Jharkhand examined a plea for anticipatory bail. Noting the allegations involve serious offences including rioting and punishment of public servants, the court held it was not a fit case for bail and rejected the petitioners bail application.
Prayer for bail was rejected.
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. 1055 of 2015
CORAM: THE HON'BLE MR. JUSTICE D.N.UPADHYAY
For the Petitioners: Mr. Lokeshwari Banerjee, Advocate. For the State: A.P.P.
03/12.05.2015 The petitioners are accused in a case registered under Sections 147/341/323/379/511/504/353 of the Indian Penal Code in connection with Jaridih P.S. Case No. 34/2015, corresponding to G.R.No. 352/2015, pending in the Court of the Judicial Magistrate, Bermo at Tenughat.
There is allegation that the petitioners were creating nuisance at a hotel known as 'Ashok Bhojnalaya'. They had been consuming liquor. When the S.D.O. instructed them to stop the selling of liquor, which was being done without licence, the petitioners became furious, manhandled the bodyguard and tried to snatch arms from his possession.
It is submitted that no such incident ever took place.
Counsel for the State has opposed the prayer.
Considering facts and circumstances, I do not find it to be a fit case in which benefit of Section 438 Cr.P.C. is to be given. Accordingly, prayer for bail made on behalf of the petitioners stands rejected.
P.K.S.
1 issue framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted to petitioners accused of offences under Sections 147, 341, 323, 379, 511, 504 and 353 IPC.
1 provisions across 1 enactments
Shyam Kewat
Manoj Saw
State
D.N.UPADHYAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
