Partly allowed

Bharat Prasad Alias Bharat Khushwaha v. the State of Jharkhand

Jharkhand HC11 Apr 2019A.B.A./7402/2018

Case brief

AI extract

What is this about?

High Court of Jharkhand dismissed the withdrawn anticipatory bail application of petitioner 1. For petitioners 2, 3, and 4, the court enlarged them on bail subject to surrender within four weeks, furnishing bonds and sureties to the Judicial Magistrate.

What did the court decide?

Petitioner 1 application dismissed. Petitioners 2, 3, and 4 enlarged on bail upon surrender within four weeks by furnishing bonds of Rs. 10,000 each with two sureties of like amount.

Bharat Prasad Alias Bharat Khushwaha 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. 7402 of 2018

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Bharat Prasad @ Bharat Khushwaha , S/o Amrit Mahto, R/o vill- Selhara, P.O.Dadpur, P.S.-Chouparan, District – Hazaribagh.

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Narayan Mahto, S/o Late Seva Mahto.

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Santosh Prasad, S/o Late Narayan Mahto.

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Bina Devi @ Veena Devi, W/o Santosh Prasad.

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Petitioner no.2 to 4 are residents of vill- Bardag, P.O. & P.S.- Barhi, District – Hazaribagh. ……… Petitioners.

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Versus

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

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CORAM : HON’BLE MR. JUSTICE KAILASH PRASAD DEO

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For the Petitioners : Mr. Vijay Kumar Roy, Advocate. For the State : Mr. Ravi Prakash , A.P.P.

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06/ Date: 11.04.2019 Heard, learned counsel for the petitioners and learned counsel for

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the State.

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Learned counsel for the petitioner is not pressing the anticipatory bail application of petitioner no.1, Bharat Prasad @ Bharat Khushwaha. Learned counsel for the state has no objection in this regard.

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Considering the same, the anticipatory bail application of petitioner no.1 Bharat Prasad @ Bharat Khushwaha is hereby dismissed as withdrawn.

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Petitioner no.2, Narayan Mahto, Petitioner No.3, Santosh Prasad and Petitioner No.4, Bina Devi @ Veena Devi have prayed for anticipatory bail in connection with Barhi P.S. case No. 173 of 2018, corresponding to G. R. No. 1437 of 2018 for the offence registered under sections 323/452/307/380/120B and 34 of the Indian Penal Code.

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Learned counsel for the petitioners has submitted that on the basis of complaint case, which has been filed on 12.04.2018, F.I.R. has been instituted on 18.05.2018. The alleged date of occurrence is 02.04.2016 and petitioners have no criminal antecedent. Learned counsel for the petitioners has submitted that for the same occurrence, two complaint cases have been filed, in one petitioners have been made accused and other has been filed by petitioner, which has been instituted as complaint case no.833 of 2018 as such, petitioners may be enlarged on anticipatory bail as specific allegation of assault on the left eye of the complaint is against, petitioner no.1, Bharat

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-2-

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Prasad @ Bharat Khushwaha. The anticipatory bail application of petitioner No.1, Bharat Prasad @ Bharat Khushwaha has already been dismissed as withdrawn before this Court.

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Learned counsel for the State has opposed the prayer for bail but has submitted that there is no specific allegation against these three petitioners.

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Considering the rival submissions of the parties. Since the allegation against petitioner no.1 Bharat Prasad @ Bharat Khushwaha and the anticipatory bail application of petitioner No.1, Bharat Prasad @ Bharat Khushwaha has already been dismissed as withdrawn. Petitioner no.2, Narayan Mahto, Petitioner No.3, Santosh Prasad and Petitioner No.4, Bina Devi @ Veena Devi are directed to be enlarged on anticipatory bail in the event of their surrender/arrest within four weeks from today, on furnishing bail bonds of Rs.10,000/-(Rupees Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Hazaribagh in connection with Barhi P.S. case No. 173 of 2018, corresponding to G. R. No. 1437 of 2018, subject to the conditions as laid down under section 438(2) Cr.P.C.

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Jay/

Bharat Prasad Alias Bharat Khushwaha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bharat Prasad Alias Bharat Khushwaha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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