Allowed

Badal Kumar v. the State of Jharkhand

Jharkhand HC3 Oct 2020A.B.A./4514/2020

Case brief

AI extract

What is this about?

In this anticipatory bail application, the High Court of Jharkhand granted relief to the petitioner who was not named in the FIR but faced arrest risks due to co-accused confessions. With no criminal antecedents, the court ordered surrender within four weeks to switch to regular bail.

What did the court decide?

Petitioner enlarged on anticipatory bail; directed to surrender within four weeks to be released on bail on furnishing bond of Rs. 10,000 with two sureties.

Badal Kumar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4514 of 2020

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Badal Kumar Petitioner Versus The State of Jharkhand Opposite Party --- CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD For the Petitioner : Md. Zaid Ahmed, Advocate For the State : Mr. V.S.Sahay, A.P.P

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Order No. 02/ 3^rd October, 2020

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The matter has been heard through video conferencing. There is no complaint about audio and visual connectivity.

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Petitioner has filed the present application for grant of anticipatory bail expressing his apprehension of arrest for alleged offences inter-alia under Section 379 of the Indian Penal Code.

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Heard learned counsel for the petitioner and learned counsel for the State.

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Mr. Zaid Ahmed, learned counsel appearing for the petitioner has submitted that the petitioner is not named in the F.I.R. However, he submits that on the basis of confessional statement made before the police by coaccused Nashim Ahmad Ansari and Jailal Mahto, his complicity has been found in the instant case. He submits that there is no criminal antecedents of the petitioner, therefore, he made be granted anticipatory bail for which he is ready to abide by the terms and conditions as this Court deems fit and proper.

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Mr. V.S.Sahay, learned Additional Public Prosecutor appearing for the State, at the first instance when the case was called out, sought for adjournment for few cases so that he may come out with the memo of evidence from the concerned I.O. of the case, more particularly to seek instruction whether the petitioner has got any criminal antecedent or not. Thereafter, the

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matter has again been called out and learned A.P.P. has submitted by referring to memo of evidence that the petitioner has got no criminal antecedent.

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This Court, after having heard learned counsel for the parties and taking into consideration the fact that the petitioner has not been named in the F.I.R., rather his complicity has been found on the basis of the confessional statement of co-accused Nashim Ahmad Ansari and Jailal Mahto and also considering the fact that the petitioner has got no criminal antecedent, deems it fit and proper to enlarge the petitioner on anticipatory bail in exercise of power conferred under Section 438 of the Code of Criminal Procedure.

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Accordingly, in the facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. The petitioner, above named, is accordingly directed to surrender himself before the court below within four weeks from the date of this order and on such surrender, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Hazaribagh in connection with the Bishnugarh P.S. Case No. 52 of 2020 subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Sujit Narayan Prasad, J)

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Birendra /

Badal Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Badal Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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