Allowed

Bharat Bhushan Alias Surendra Bhushan v. the State of Jharkhand

Jharkhand HC29 Nov 2021Cr.A(SJ)/203/2020

Case brief

AI extract

What is this about?

The High Court of Jharkhand allowed an appeal against the rejection of anticipatory bail. Directing surrender within four weeks, the Court granted bail on a bond of Rs. 10,000 each with two sureties, subject to conditions including submission of Aadhar cards and active mobile numbers.

What did the court decide?

Appellants granted anticipatory bail directed to surrender within four weeks upon furnishing bond of Rs. 10,000 each with two sureties under Section 438 Cr.P.C.

Bharat Bhushan Alias Surendra Bhushan Vs the State of… — Caste Atrocities | Jharkhand HC (2021)

¶1

- 1 -

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No.203 of 2020

¶3

Bharat Bhushan @ Surendra Bhushan

¶4

Mani Kant Pandey …… Appellants

¶5

Versus

¶6

1. The State of Jharkhand 2. Smt. Sama Devi ….. Respondents

¶7

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

¶8

For the Appellants : Mr. Indrajit Sinha, Advocate Mr. A. K. Sah, Advocate For the State : Mr. A. P. Topno, A.P.P For the Resp. No.02 : Mr. Kalyan Banerjee, Advocate

¶9

---------

¶10

03/Dated: 29th November, 2021

¶11

1. The present appeal has been filed against the order dated 19.02.2020, passed by the court of learned District & Additional Sessions Judge – VI -cum- Special Judge, SC/ ST, Dhanbad, in SC/ ST Case No.19 of 2018, whereby the prayer for grant of anticipatory bail to the appellants has been rejected in M.C.A. No.346 of 2020, in connection with Complaint Case No.573 of 2018, registered for the offence under Sections 323, 324, 387 and 34 of the Indian Penal Code, and Sections 3(iv)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (For short the SC/ ST Act).

¶12

2. It has been submitted by the learned counsel for the appellants that there is omnibus allegation against the appellants. It has been alleged in the complaint petition that the incident took place when the victim, along with other persons, were sitting on dharna for demand of deployment in loading of coal in the truck near the gate of Dhansar Chowk. It has further been submitted that on similar set of allegation, the Co-ordinate Bench of this Court vide order dated 17.03.2021, passed in Cr. Appeal (S.J.) No.212 of 2020, had granted bail to the accused persons.

¶13

3. On the other hand, learned A.P.P, assisted by the learned counsel for the respondent No.02 has opposed the prayer.

¶14

4. Having heard learned counsel for the parties and on perusal of the complaint petition, it appears that there is

¶15

- 2 -

¶16

omnibus allegation and as such I am inclined to grant the privilege of anticipatory bail to the appellants. Accordingly, The appellants are directed to surrender in the court below within four weeks from the date of receipt/ production of the copy of this order and in the event of their arrest or surrender, they shall be enlarged on bail, on their furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of learned District & Additional Sessions Judge – VI -cum- Special Judge, SC/ ST, Dhanbad, in connection with SC/ ST Case No.19 of 2018, arising out of Complaint Case No.573 of 2018, on the conditions as laid down under Section 438(2) of the Cr.P.C, subject to condition that the appellants will submit selfattested photocopy of their Aadhar Card and also submit their mobile numbers before the learned court below which they will always keep active and will not change it during pendency of the case without prior permission of the court. 5. In the result, the appeal is, hereby, allowed.

¶17

(Rajesh Kumar, J.)

¶18

Chandan/-

Bharat Bhushan Alias Surendra Bhushan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bharat Bhushan Alias Surendra Bhushan 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

Parties & counsel

Coram

Case details

Similar cases

Washim Khan Vs the State of Jharkhand

Nirmal Kumar Ray Vs the State of Jharkhand

Lukas Topno Vs the State of Jharkhand

Anand Mahato Vs the State of Jharkhand

Tanveer Alam Alias Mister Vs Smt Saista Khatoon

Mukesh Kumar Sah Alias Mukesh Sah Vs Anshika Kumari