Partly allowed

Binod Rai v. the State of Jharkhand

Jharkhand HC14 Mar 2019A.B.A./6362/2018

Case brief

AI extract

What is this about?

The High Court of J&K at Ranchi heard anticipatory bail applications. Suresh Rai's petition was rejected, while others were directed to surrender within four weeks to obtain bail with conditions, subject to remaining present until charge framing.

What did the court decide?

Petitioner No. 2's prayer for bail rejected; others directed to surrender within four weeks and granted bail upon surrender with bonds of Rs. 10,000 each and two sureties, subject to presence until ch

Binod Rai Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2019)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI A . B. A. No. 6362 of 2018

¶2

1.Binod Rai, S/o Late Rayo Rai

¶3

2.Suresh Rai, S/o Late Rayo Rai

¶4

3.Mahesh Rai, S/o Late Rayo Rai ... .. ... Petitioner(s)

¶5

With A . B. A. No. 6339 of 2018

¶6

1. Sunil Rai @ Sunil Kumar Rai, S/o Nageshwar Rai.

¶7

2.Abhimanyu Rai @ Abhimanyu Kumar Rai, S/o Nageshwar Rai

¶8

3 .Pankaj Rai @ Pankaj Kumar Rai, S/o Satya Narayan Rai

¶9

4.Basant Rai @ Basant Kumar Rai, S/o Satya Narayan Rai

¶10

5.Bharat Rai @ Bharat Kumar Rai, S/o Satya Narayan Rai

¶11

Versus

¶12

The State of Jharkhand .. ... ...Opp. Party

¶13

CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO

¶14

For the Petitioner(s) : Mr. Mahesh Tewari, Advocate. Mr. K. N. Sahay, Advocate For the State : Mr. Tapas Roy, Additional Public Prosecutor Mr. Suraj Verma, Additional Public Prosecutor For the Informant : Mr. K. N. Pandey, Advocate

¶15

05 / 14.03.2019. Both the aforesaid applications arising out of common First Information Report, as such, both are being heard together and disposed of by a common order.

¶16

Heard learned counsel appearing for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.

¶17

The petitioners, who are accused for offence under Sections 147/148/149/341/342/323/324/326/307 of the Indian Penal Code, pray for anticipatory bail in connection with Dhanwar P.S. Case No. 76 of 2018.

¶18

Learned counsel appearing for the petitioners has submitted that earlier the prosecution party has killed the brother Binod Rai (petitioner No.1), namely, Janardan Rai, for which petitioner No.1 has filed Dhanwar P.S. Case No.01 of 2018 dated 02.01.2018 under Sections 147/148/149/323/324/326/307/302 I.P.C. and to save themselves subsequently, they filed Dhanwar P.S. Case No.76 of 2018 dated 15.03.2018 for an occurrence committed on 01.01.2018. The present First Information Report has been lodged on the basis of fardbeyan of Upendra Kumar Rai recorded at RIMS, Ranchi, by the Bariatu Police Station on 03.01.2018 at 2.45 P.M.

¶19

Learned counsel appearing for the petitioners has further submitted that this case has only been filed to pressurize the petitioners who are the prosecution party in the murder

¶20

-2-

¶21

case of Janardan Rai.

¶22

Learned counsel for the petitioners has thus, submitted that from perusal of injury report, it appears that Upendra Rai has sustained fracture of left nasal bone which has been declared by the Doctor, as grievous in nature.

¶23

Learned counsel for the petitioners has submitted that such injury report is concocted, as such, the petitioners may be enlarged on anticipatory bail.

¶24

Learned counsel for the State assisted by the learned counsel for the informant has submitted that injury report was called for, by the Police and on the basis of that Medical officer has sent the injury report before the Investigating officer along with C.T. Scan report, which shows the fracture of left nasal bone, as such, the petitioners may not be enlarged on anticipatory bail.

¶25

Considering the rival submissions of the parties and from perusal of the materials brought on record, it appears that there is case and counter case between the parties and fracture of left nasal bone has been caused by the petitioner No.2, Suresh Rai in A.B.A. No.6362 of 2018, as such, prayer for anticipatory bail by the petitioner No.2, Suresh Rai is hereby rejected.

¶26

Oother petitioners i.e. petitioner Nos. 1, 3 in A.B.A. No.6362 of 2018 and petitioner Nos. 1 to 5 in A . B. A. No. 6339 of 2018, above-named, are directed to surrender before the court below within four weeks from today, and on their surrender, they shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Giridih, in connection with Dhanwar P.S. Case No. 76 of 2018 corresponding to G.R. No. 701 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. with further condition that the parties are directed to remain physically present on each and every date till framing of charge.

¶27

(Kailash Prasad Deo, J.)

¶28

Sandeep/

Binod Rai v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Binod Rai 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

Chhabila Yadav Vs the State of Jharkhand

Beli Devi Vs the State of Jharkhand

Janardan Pandey Vs the State of Jharkhand

Dipu Kumar Mishra Vs the State of Jharkhand

Ajay Kumar Verma Vs the State of Jharkhand

Subhash Mandal Vs the State of Jharkhand