Allowed

Birbal Munda v. the State of Jharkhand

Jharkhand HC11 Nov 2019A.B.A./5042/2019

Case brief

AI extract

What is this about?

Coram: Anil Kumar Choudhary, J. The Court granted anticipatory bail to eight petitioners in a murder case, allowing release on a bond of Rs. 25,000 each with conditions to cooperate with investigation and appear when noticed.

What did the court decide?

Petitioners may be released on bail on furnishing a bond of Rs. 25,000 each with two sureties upon arrest or surrender within four weeks.

Birbal Munda Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B. A. No. 5042 of 2019

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Birbal Munda

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Rasraj Munda @ Rusu Munda

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Mahabir Munda

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Ram Kisto Munda

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Minor Tanti Munda @ Santosh Munda

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Minor Subhajan Munda

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Minor Dinesh Munda

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Minor Rajesh Munda … Petitioners Versus The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. A.K. Dubey, Adv. For the State : Mr. G.B. Rao, Addl. P.P.

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05 / 11.11.19 Heard the parties.

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Kuchai P.S. Case No. 02 of 2019 registered under Sections 302/201/34 of the Indian Penal Code.

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The learned counsel appearing for the petitioners submits that the allegations against the petitioners are all false and those allegations are general and omnibus in nature. Drawing attention of the court to the FIR, learned counsel for the petitioners submit that except strong suspicion raised against the petitioners only because in the year 2001, the petitioners have committed murder of the uncle of the informant, there is no other material in the record to implicate the petitioners in this case. It is further submitted that in the year 2001, the petitioner no. 5 to 8 were not born and the petitioner nos. 3 and 4 were about few months and two years of age respectively and petitioner no. 1 was 14 years of age and none of the petitioners are accused persons relating the case of the murder of the uncle of the informant and except suspicion, there is no other material in the record to implicate the petitioner in this case. It is

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next submitted that the petitioners are ready to co-operate with the investigation of the case hence, the petitioners be given the privilege of anticipatory bail.

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The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner but fairly submits that except suspicion, there is no other material in the record to implicate any of the petitioners in the case.

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Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of four weeks from the date of this order, the petitioners shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Seraikella in connection with Kuchai P.S. Case No. 02 of 2019 subject to the condition that the petitioners will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

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ANIL KUMAR CHOUDHARY, J.)

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Smita/-

Birbal Munda v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Birbal Munda v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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