Partly allowed

Rahul Paswan Alias Rahul Kumar v. the State of Jharkhand

Jharkhand HC16 Sept 2020A.B.A./2759/2020

Case brief

AI extract

What is this about?

Court rejected anticipatory bail for petitioner 1 due to antecedent pending case, modified prayer by directing petitioner 2 to surrender for regular bail granting release on bond with sureties under Section 438 CrPC.

What did the court decide?

Rejecting bail for petitioner 1, praying that petitioner 2 surrender in local court within four weeks to secure bail bond of Rs.10,000 with two sureties under Section 438 CrPC.

Rahul Paswan Alias Rahul Kumar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 2759 of 2020

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Rahul Paswan @ Rahul Kumar.

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Versus The State of Jharkhand. …..Opposite Party -------Coram: THE HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY -------For the Petitioners : Mr. Jitendra S. Singh, Advocate For the State : Miss. Nehalika Bhagat, A.P.P. --------

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03/16-9-2020

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Heard the parties.

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Defects, as pointed out by the office, are ignored.

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The petitioners apprehend their arrest in connection with Jharia P.S. Case No. 222 of 2016.

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It has been alleged that while the informant was playing with some children, the accused persons arrived and started assaulting the informant. The sister of the informant was also assaulted and household articles were damaged.

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It appears that petitioner no. 2 had also instituted a case against the informant and others prior to the present case which has been registered as Jharia P.S. Case No. 221 of 2016.

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Learned counsel for the petitioner has submitted that the present case is a counter blast to the case instituted by petitioner no. 2. He has further submitted that petitioner no. 1 has been granted anticipatory bail by this Court in connection with Jharia P.S. Case No. 152 of 2016. Learned counsel has submitted that so far as petitioner no. 2 is concerned, there is no specific allegation against him and that he is suffering from various ailments, for which reference has been made to the supplementary affidavit.

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It appears that so far as petitioner no. 1 is concerned, he has an antecedent being an accused in Jharia P.S. Case No. 152 of 2016.

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In view of the above, therefore, I am not inclined to extend the privilege of anticipatory bail to petitioner no. 1. His prayer for anticipatory bail is accordingly rejected.

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However, so far as petitioner no. 2 is concerned, in view of the fact that there is no specific allegation of assault against him and considering the ailments being suffered by him, the petitioner no. 2-Mahabir Paswan is directed to surrender in the court below within a period of four weeks from today and pray for regular bail, and in that event, he will be enlarged on bail, on furnishing bail bond of Rs.10,000/- ( Ten thousand only) with two sureties of the like amount

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-2-

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each to the satisfaction of learned A.C.J.M., Dhanbad in connection with Jharia P.S. Case No. 222 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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This application stands disposed of.

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(Rongon Mukhopadhyay, J)

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Rakesh/-

Rahul Paswan Alias Rahul Kumar v. the State of Jharkhand

Case brief

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Rahul Paswan Alias Rahul Kumar v. the State of Jharkhand

Case brief

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What the court decided

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