The High Court of Jharkhand granted anticipatory bail to the petitioner in a case involving offences under Sections 409, 420, 120B and 34 IPC. Directions were issued regarding surrender and bail bond conditions.
Anticipatory bail granted; petitioner directed to surrender within three weeks and furnish bail bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 87 of 2016
Devendra Marandi .... Petitioner Versus The State of Jharkhand … Opposite Party --CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY --For the Petitioner : Mr. Ajay Kumar Pathak, Advocate For the State : Mr. G.S. Prasad, A.P.P. ---
Order No. 04 Dated 8th April 2016
Heard Mr. Ajay Kumar Pathak, learned counsel, appearing for the petitioner and Mr. G.S. Prasad, learned A.P.P. for the State.
Petitioner has prayed for grant of anticipatory bail, as he is apprehending his arrest in connection with Amrapara P.S. Case No. 31 of 2013 (G.R. No. 1089 of 2013), registered for the offences punishable u/s 409, 420, 120B and 34 of the Indian Penal Code.
It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. It has been further submitted that it has nowhere been stated the house was not constructed or that the petitioner was responsible for any misappropriation of Govt. money. Learned counsel submits that co-accused, namely, Korneliyus Hansda and Nunua Bhagat @ Ranjeet Kumar Bhagar have been granted anticipatory bail by this Court vide order passed in ABA 3774 of 2014 and ABA No. 3476 of 2013 respectively.
Learned A.P.P. appearing for the State has opposed the prayer for anticipatory bail of the petitioner, but has not disputed the aforesaid fact.
Regard being had to the above, I am inclined to allow this application. Accordingly, the petitioner, named above, is directed to surrender in the court below within three weeks from today and on such surrender, he 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 learned Additional Chief Judicial Magistrate, Pakur in connection with Amrapara P.S. Case No. 31 of 2013 (G.R. No. 1089 of 2013), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(RONGON MUKHOPADHYAY, J.)
MK
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC given the apprehension of arrest and the conduct of co-accused.
What conditions must be complied with for the grant of anticipatory bail in the case of Amrapara P.S. Case No. 31 of 2013.
1 provisions across 1 enactments
Devendra Marandi
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
