Allowed

Kamlesh Kumar v. the State of Jharkhand

Jharkhand HC1 Aug 2018A.B.A./562/2018

Case brief

AI extract

What is this about?

Petitioner apprehending arrest in a criminal case filed for cheating and criminal conspiracy appeared before this Court. The Court directed the petitioner to surrender within four weeks.

What did the court decide?

Petitioner directed to surrender within four weeks; to be enlarged on bail upon surrender by furnishing bond of Rs. 25,000 with two sureties under Section 438(2) Cr.P.C.

Kamlesh Kumar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 562 of 2018

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Kamlesh Kumar …… Petitioner

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Versus 1.The State of Jharkhand …… Opposite Party 2.Ranthu Mahto 3.B.D.O --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioners : Mr. Prabhat Singh Advocate For the State : A.P.P ---------

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03/Dated: 1/08/2018

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Heard learned counsel for the petitioners and learned counsel for the State.

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Petitioner is apprehending his arrest in connection with Bishungarh P.S Case No. 34 of 2017 corresponding to G.R case No. 577 of 2017 registered under Sections 420/406/120B of the Indian Penal Code lodged on the basis of one written report given by Ranthu Mahto B.D.O Bishungarh pending in the court of J.M Ist Class, Hazaribagh.

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It is alleged that work order was given to Chopia Manjhi under scheme No. 36/14-15 for construction of 12 feet width well on the land of Chopia Manjhi on 21.6.2014.The estimated cost of scheme is Rs.1,97,000/-. Payment of Rs. 58,032/- has been made through F.T.O under the head of labour payment and Rs. 73,087/- under the head of materials. .It is further stated that spot verification was done after getting incomplete document .In course of inquiry it was found that both schemes are incomplete,digging work is not complete but payment have been released on the basis of measurement book.

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It appears that under order dated 4.4.2018 notice was directed to be issued upon the Block Development Officer, Bishungarh,Hazaribagh. In pursuance to the order dated 4.4.2018, Block Development Officer, Bishungarh,Hazaribagh has appeared in court today and filed counter affidavit . He stated that the work has now been completed.

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Learned A.P.P has opposed the prayer for bail.

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In the fact and circumstances of the case, the above named petitioner is directed to surrender in the Court below within four weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge him on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of J.M Ist Class, Hazaribagh. in connection with Bishungarh P.S Case No. 34 of 2017 corresponding to G.R case No. 577 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C, and one of the bailor will be the local resident of Hazaribagh

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district .Further, subject to the further condition that:-

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On the date of surrender the petitioner will file an affidavit duly sworn by pairvikar giving undertake that he will cooperate in the investigation of this case and whenever I.O shall direct to remain physically present before him for getting his statement recorded.

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On the date of surrender petitioner shall deposit the xerox copy of Adhar card and cell number before the Court below

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3. If the I.O desires to get the statement of the petitioner record, the I.O is directed to file proper application before the trial Court through learned A.P.P and the trial Court shall release the cell number of the petitioner to the I.O. of this case.

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4. Further, if the I.O desires to record the statement of the petitioner he shall give 72 hours notice by fixing the date, time and place and the petitioners will appear before the I.O. to get his statement be recorded. If the petitioner fails to appear as and when required by the I.O, It shall be open to I.O to file an application for cancellation of bail of the petitioner through A.P.P..

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Let a copy of the order be communicated to the court below and also handed over to learned A.P.P. for transmission of the I.O.

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(Anant Bijay Singh, J.)

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Kamlesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Kamlesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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