Dismissed

Sabhapati Paswan v. the State of Jharkhand

Jharkhand HC7 Aug 2020A.B.A./1048/2020

Case brief

AI extract

What is this about?

In two combined bail applications, petitioners sought anticipatory bail fearing arrest for allegedly transferring land and withdrawing funds from their father, the informant. The High Court, noting the credibility of specific allegations regarding asset transfer and withdrawal of Rs. 7,00,000/-. rechanted the prayer for bail from the petitioners.

What did the court decide?

Applications for anticipatory bail were rejected.

Sabhapati Paswan Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1048 of 2020

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Sabhapati Paswan … … Petitioner

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Versus

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1. The State of Jharkhand 2. Jhagru Paswan … … Opposite Parties

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With A.B.A. No. 2086 of 2020

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Ram Abhadesh Paswan … … Petitioner Versus

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1. The State of Jharkhand 2. Jhagru Paswan … … Opposite Parties

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY Through- Video Conferencing

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For the Petitioners : Mr. K.S. Nanda, Advocate (In A.B.A. No. 1048 of 2020) Mr. Achinto Sen, Advocate (In A.B.A. No. 2086 of 2020) For the State : Mr. S. Roy, A.P.P. For the Informant/O.P. No. 2. : Mr. Vikash Kumar, Advocate -------

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04/07.08.2020 Heard Mr. K.S. Nanda, learned counsel appearing for the petitioner in A.B.A. No. 1048 of 2020, Mr. Achinto Sen, learned counsel for the petitioner in A.B.A. No. 2086 of 2020 and opposed by Mr. S. Roy, learned A.P.P. for the State assisted by Mr. Vikash Kumar, learned counsel appearing for the opposite party no. 2.

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Both the petitioners have prayed for grant of anticipatory bail, as they are apprehending their arrest in connection with Kenduadih P.S. Case No. 141/2019.

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It has been alleged that the sons of the informant had prepared false documents and had got transferred the landed property in their names. It has also been alleged that the amount kept in the account of the informant was also withdrawn.

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Mr. K.S. Nanda, learned counsel appearing for the petitioner submits that the allegations are totally false. It has further been submitted that not a single piece of land has been transferred in favour of the petitioner in A.B.A. No. 1048 of 2020.

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-2-

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Mr. Achinto Sen, learned counsel for the petitioner in A.B.A. No. 2086 of 2020 submits that the petitioner has utmost respect for his father and is willing to keep the informant with him with full dignity and honour. He has further put the blame on the other brothers on account of which the case was instituted.

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Mr. Vikash Kumar, learned counsel appearing for the opposite party no. 2 has opposed the prayer for anticipatory bail made by the petitioners and has stated that three pieces of land were transferred in the name of the sons of the opposite party no. 2 and that Rs. 7,00,000/- was fraudulently withdrawn from the Bank Account of the opposite party no. 2.

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It appears from the allegations that the father of the petitioners is the informant and specific allegation of transfer of land as well as withdrawal of money from the account of the informant has been alleged. In fact the Bank Account details have been furnished by the informant which is reflected in the impugned order from which it appears that Rs. 7,00,000/- was withdrawn from the account of the informant.

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In view of the nature of allegations levelled against the petitioners, I am not inclined to grant anticipatory bail to them.

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Both the applications are hereby rejected.

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(R. Mukhopadhyay, J.)

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Alok/-

Sabhapati Paswan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sabhapati Paswan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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