Allowed

Kanhaiya Sao Alias Kanhaiya Kumar v. the State of Jharkhand

Jharkhand HC12 Mar 2021A.B.A./960/2021

Case brief

AI extract

What is this about?

The Single Judge granted anticipatory bail to the petitioner in a case involving assault, snatching, and attempted murder. The Court emphasized the compromise between parties and the absence of grievous injury supporting the murder charge.

What did the court decide?

Anticipatory bail granted on furnishing a bond of Rs. 10,000/- with two sureties, subject to conditions regarding address changes and cooperation with investigation.

Kanhaiya Sao Alias Kanhaiya Kumar Vs the State of… — Anticipatory Bail | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 960 of 2021

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--Kanhaiya Sao @ Kanhaiya Kumar ----Petitioner

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Versus

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The State of Jharkhand ----- Opposite Party

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CORAM: Hon’ble Mr. Justice Aparesh Kumar Singh Through: Video Conferencing

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--For the Petitioner: Mr. Shravan Kumar, Advocate For the State: Mr. Sardhu Mahto, A.P.P

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02/12.03.2021 Learned counsel for the petitioner undertakes to remove the following surviving defects within two weeks.

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9(i) Mode of hearing is missing at P. form.

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(ii) Page-15 may be placed properly.

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(iii) P.O. name of the petitioner is missing at page-1 and Vak.

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(iv) Place of court is missing at para-5.

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Office to place the file for inspection and removal of defects, on requisition being made, within this time.

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Heard learned counsel for the parties.

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Petitioner seeks anticipatory bail in terms of Section 438 Cr.P.C in connection with Tandwa P.S. Case No. 127/2020 for the offence under Sections 147, 148, 149, 341, 342, 323, 385, 307 and 379 of the Indian Penal Code and pending before the court of learned Chief Judicial Magistrate, Chatra.

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Learned counsel for the petitioner submits that allegation in the FIR is against two persons including this petitioner of having caught vehicle no. JH02-AW-6892 boarded by the Informant and thereafter demanded money from him. Informant was assaulted with lathi and axe since the accused persons were not satisfied with the payment of Rs. 50/- only. An amount of Rs. 24,700/- was also snatched from the pocket of the Informant. It is submitted that the petitioner has no criminal antecedent and both parties have compromised the dispute. In support thereof, a compromise petition has been enclosed as Annexure-2. Allegation of attempt to murder is not supported by any grievous injury and the injury, if any, is simple in nature. Therefore, petitioner may be protected from unnecessary incarceration.

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Learned A.P.P has opposed the prayer.

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I have considered the submissions of learned counsel for the parties and taken note of the facts and circumstances above. Having regard to the aforesaid facts and circumstances, I am inclined to grant anticipatory bail to the

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petitioner. Accordingly, petitioner above named, in the event of his surrender or arrest within a period of four weeks, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chatra in connection with Tandwa P.S. Case No. 127/2020, subject to the condition as laid down under Section 438(2) of Cr.P.C.

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Petitioner shall cooperate in the investigation. Petitioner and his bailors shall not change their address or mobile number without permission of the trial court.

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( Aparesh Kumar Singh, J)

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Ranjeet/

Kanhaiya Sao Alias Kanhaiya Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Kanhaiya Sao Alias Kanhaiya Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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