The High Court of Jharkhand rejected the petition for anticipatory bail. The court declined to grant relief as the petitioner was the main accused who allegedly caused injury with a sickle.
Prayer for anticipatory bail under Section 438 Cr.P.C. is rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.2254 of 2016
Biswajeet Sarkar …… Petitioner Versus State of Jharkhand …… Opposite Party --------- CORAM: HON’BLE MR. JUSTICE D.N. UPADHYAY
--------For the Petitioner : Mr. D.D.Saha, Advocate For the State : A.P.P.
02/12.07.2016 The petitioner is an accused in connection with Rajmahal P.S. Case no.14 of 2015(G.R.Case no.28 of 2015), for the offence under sections 147, 148, 149, 323, 307, 427, 379 and 504 of the Indian Penal Code, pending in the court of learned Additional Chief Judicial Magistrate, Rajmahal.
It is alleged that the petitioner and his associates after forming unlawful assembly caused assault to the informant. There is specific allegation that petitioner caused injury to the informant by using Sickle.
It is submitted that old enmity has been prevailing and prior to this case, the family member of the petitioner has lodged a case against informant vide Rajmahal P.S. Case no.338 of 2014. It is further submitted that parties have settled their dispute and the petitioner happens to be a Jawan in BSF.
Learned APP has opposed the prayer.
Since the petitioner is main accused and has caused injury to the informant by Sickle, I do not feel inclined to give benefits of section 438 Cr.P.C. Accordingly, prayer for anticipatory bail made on behalf of petitioner stands rejected.
s.b.
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C.
1 provisions across 1 enactments
Biswajeet Sarkar
State of Jharkhand
D.N. Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
