Single judge directed release on bail of four accused involved in a sudden fight case, observing both sides sustained injuries, subject to bond and conditions like Aadhar submission.
Petitioners directed to be released on bail of Rs. 10,000 each with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 6679 of 2020
The State of Jharkhand .... Opposite Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioners : Mr. Jai Prakash Sr. Adv. Mr. Yogesh Modi, Adv. For the Opposite Party : A.P.P. For the Informant : Mr. A. K. Chaturvedy, Adv.
The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.
06/07.01.2021 Heard learned senior counsel for the petitioners and learned counsel for the State assisted by Mr. A. K. Chaturvedy, learned counsel for the Informant.
The petitioners are accused in connection with Garhwa Town P. S. Case No.
281 of 2020 pending in the Court of learned Chief Judicial Magistrate, Garhwa.
It has been submitted by the learned senior counsel for the petitioners that petitioner no. 1, Nishar Khan, petitioner no. 2, Mustak Khan, petitioner no. 3, Idrish Khan and petitioner no. 4, Masrur Khan are is in custody since 08.06.2020, 12.06.2020, 02.06.2020 and 28.05.2020 respectively. It has been further submitted that there is fight between the parties and there is a case and counter case in which both sides have sustained injuries. In similar situation, two accused persons namely Akbar Khan @ Akbar Ali @ Akbar and Anwar Khan @ Md. Anwar Ahmad Khan have been granted bail by the Coordinate Bench of this Court in B. A. No. 9252 of 2020 vide order dated 07.12.2020.
On the other hand, learned APP has opposed the prayer for bail and submitted that there is allegation of gun shot injury against Nishar Khan and Mustak Khan. Further the accused side has not sustained any firearm injury.
Perused the record. It appears that there is sudden fight between the parties in which both sides have sustained injuries. Further in similar circumstances other two accused persons have already been granted bail by the Co-ordinate Bench of this Court. Considering the entire material available on record, the petitioners, named above, are directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Garhwa, in connection with Garhwa Town P. S. Case No. 281 of 2020 subject to the condition that petitioners shall submit self attested copy of their Aadhar Card and also give their mobile number before the learned court below which they will not change during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
Kamlesh/
1 issue framed by the court
Whether four accused persons should be released on bail in a sudden fight case where they are in custody.
Nishar Khan
Mustak Khan
Idrish Khan
Md. Masrur Alam
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
