Allowed

Md Mokhtar Ahmad Alias Mokhtar Ahmad v. The State Of Jharkhand

Jharkhand HC7 Jan 2019A.B.A./3337/2017

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner apprehending arrest in a murder and unlawful assembly case. The court noted the State's failure to file a counter-affidavit despite a prior direction but still directed the petitioner to surrender and release on bail.

What did the court decide?

Petitioner granted anticipatory bail, directed to surrender within four weeks, and released on bail bond of Rs. 10,000 with two sureties.

Md Mokhtar Ahmad Alias Mokhtar Ahmad Vs The State Of… — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No.3337 of 2017

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Md. Mokhtar Ahmad @ Mokhtar Ahmad

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.... .... …. Petitioner

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Versus

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The State of Jharkhand .... .... ....Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Naiyar Eqbal, Advocate For the State : Addl.P.P.

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Order No.11 Dated- 07.01.2019

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Apprehending his arrest in connection with Katkamsandi (Pelawal) P.S. Case No.184 of 2015 corresponding to G.R. No.4483 of 2015 instituted under Sections 147, 148, 149, 307, 323, 324, 325, 353, 337, 435, 427, 295A of the Indian Penal Code and Section 27 of Arms Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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Heard learned counsel appearing for the petitioner and learned Addl.P.P. appearing for the State.

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Learned counsel appearing for the petitioner submitted that the petitioner is not named in the F.I.R. and the name of one Md. Mokhtar Ahmad without mentioning his father’s name has been mentioned in the F.I.R. still the process under Section 82 Cr.P.C. has been issued mentioning the name of the petitioner with his parantage. It is further submitted that though vide order dated 14.12.2017 a co-ordinate Bench of this Court directed the Addl. P. P. appearing for the State to file the counter-affidavit but till today even after more than a year, no counter-affidavit has been filed, thus the contention of the petitioner stands vindicated. It is further submitted that process under Section 82 Cr.P.C. issued against the petitioner has been quashed by a co-ordinate Bench of this Court vide order dated 24.11.2016. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner but could not furnish any explanation as to why the State has not filed the counter-affidavit for a period of more than one year.

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Considering the submissions of learned counsels and the facts of the case, I am inclined to grant privileges of anticipatory bail to the petitioner.

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Accordingly, the petitioner is directed to surrender in the Court of learned Chief Judicial Magistrate, Hazaribagh within four weeks from today and in the event of his arrest or surrendering, he will be enlarged 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 Chief Judicial Magistrate, Hazaribagh in connection with Katkamsandi (Pelawal) P.S. Case No.184 of 2015 corresponding to G.R. No.4483 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Anil Kumar Choudhary, J . )

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Animesh/

Md Mokhtar Ahmad Alias Mokhtar Ahmad v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Md Mokhtar Ahmad Alias Mokhtar Ahmad v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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