Allowed

Chandan Thakur Alias Chandan Kumar Thakur v. the State of Jharkhand

Jharkhand HC15 Feb 2019A.B.A./5084/2018

Case brief

AI extract

What is this about?

This single-judge order grants anticipatory bail to a petitioner apprehending arrest in a complaint case involving disputes over land possession. The court held that since the matter involves a civil dispute, the petitioner was entitled to the privilege of anticipatory bail subject to bond conditions.

What did the court decide?

Petitioner directed to be released on bail with two sureties of Rs. 10,000/- each upon surrender.

Chandan Thakur Alias Chandan Kumar Thakur Vs the State… — Property and Title | Jharkhand HC (2019)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

A.B.A. No. 5084 of 2018

¶3

…..

¶4

Chandan Thakur @ Chandan Kumar Thakur, son of Sri Dayanand Thakur, resident of sector XII/F, Quarter No. 2080, Bokaro Steel City, P.O. & P.S.- Sector XII, DistrictBokaro. …… Petitioner

¶5

Versus

¶6

The State of Jharkhand

¶7

Suresh Lal son of Late Parmahansh Lal, resident of No. Sec. XII/B Quarter No. 1153 B.S. City, P.O. & P.S.- Sec. XII, District- Bokaro. …… Opposite Parties

¶8

----CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ----- For the Petitioner : Mr. Sanjeev Thakur, Advocate For the State : Mr. Shekhar Sinha, A.P.P For the O.P. No. 2 : Mr. Rajesh Kumar, Advocate

¶9

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO

¶10

…….

¶11

05/15.02.2019 Petitioner is apprehending his arrest in connection with Complaint Case No. 78 of 2016 for the offence registered under sections 188, 147, 452, 323, 380, 420, 467, 471, 436, 506/34 of the Indian Penal Code.

¶12

Learned counsel for the petitioner has submitted that both the parties are claiming the land. The petitioner has purchased the land in the name of his wife from power of attorney holder in the year, 2011 and since then there was proceeding between the parties under Section 107 and 144 of the Cr.P.C.

¶13

Learned counsel for the State assisted by learned counsel for the Opposite Party No. 2 has submitted that though there is civil dispute between the parties but petitioner has no right to enter into the house by demolishing his wall. Learned counsel for State has opposed the prayer for bail on ground that petitioner is threatening the complainant who is in peaceful possession of the land since 1997 when he has purchased this land through sale deed from one Mohan Lal Chabra.

¶14

Considering the submissions made on behalf of both the parties, it transpires that there is a civil dispute between the parties, as such the case which has been filed in the year 2016 by way of complaint petition, the petitioner is entitled for privilege of anticipatory bail.

¶15

Accordingly, the petitioner named above is directed to be released on bail in the event of his surrender/arrest within four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bokaro in connection with Complaint Case No. 78 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

¶16

(Kailash Prasad Deo, J.)

¶17

Pallavi/

Chandan Thakur Alias Chandan Kumar Thakur v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Chandan Thakur Alias Chandan Kumar Thakur v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vijay Sao Vs the State of Jharkhand

MD Khurshid Alias MD Khurshid Ansari Vs the State of Jharkhand

Dina Nath Singh Vs the State of Jharkhand through Vigilance

Omkar Prasad Pandey Alias Omkar Nath Pandey Alias Onkar Prasad Pandey Vs the State of Jharkhand

Harendra Singh Vs the State of Jharkhand

Lalo Devi Vs the State of Jharkhand