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Birbal Kuma Gupta Alias Birbal Kumar Sao v. the State of Jharkhand

Jharkhand HC18 Aug 2022A.B.A./3437/2022

Case brief

AI extract

What is this about?

On an application for anticipatory bail under Sections 414/34 IPC in the Chandwara police case, the High Court of Jharkhand granted bail, directing the petitioner to surrender within four weeks and adhere to specific conditions regarding investigation cooperation and contact details.

What did the court decide?

The petitioner is granted anticipatory bail and directed to surrender within four weeks, furnish a bail bond with two sureties, and comply with investigation conditions.

Birbal Kuma Gupta Alias Birbal Kumar Sao Vs the State of… — Anticipatory Bail | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3437 of 2022

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Birbal Kuma Gupta @ Birbal Kumar Sao

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.... .... …. Petitioner Versus The State of Jharkhand .... .... ....Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -----For the Petitioner : Mr. Randhir Kumar, Advocate For the State : Mr. Vijay Kr. Sinha, Addl.P.P

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Order No.03 Dated- 18.08.2022

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with Chandwara P.S. Case No. 10 of 2022 instituted under Sections 414/34 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.

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As per F.I.R., the allegation is that on the basis of self-statement of S.I. Ranjit Kumar recorded on 02.02.2022 at about 10:00 am stating therein that the truck of present petitioner was parked in abandoned condition. It is further alleged that petitioner was contacted by informant to ensure to show paper of the vehicle but he did not turn up.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all as alleged in FIR. Petitioner is neither owner nor driver of the seized vehicle. It is further submitted that no one has seen the petitioner while parking the said truck at the place of occurrence in abandoned condition. It is further submitted that petitioner has never contacted with informant and no assurance was given by him for producing the documents. In case of his arrest at the hands of police, prestige and reputation of the petitioner shall be ruined. It is further submitted that petitioner undertakes to co-operate with the investigation of the case and will not indulge in tampering with prosecution evidence and will abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, it is submitted that the petitioner may be extended the privilege of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner and submits that there are sufficient materials collected against the petitioner during investigation of the

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case showing his involvement in the alleged offence. Hence, petitioner may not be extended privilege of anticipatory bail.

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Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Koderma in connection with Chandwara P.S. Case No. 10 of 2022 with the condition that he will cooperate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Pradeep Kumar Srivastava, J.)

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Pappu/

Birbal Kuma Gupta Alias Birbal Kumar Sao v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Birbal Kuma Gupta Alias Birbal Kumar Sao v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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