Dismissed

Girdhari Lal Yadav v. the State of Jharkhand

Jharkhand HC9 Feb 2022A.B.A./354/2022

Case brief

AI extract

What is this about?

A singleJudge order in an anticipatory bail petition. The petitioner, facing arrest under IPC sections 448/188/379/506/34, argued for bail citing new grounds regarding title documents. The court rejected the prayer, refusing reconsideration due to the seriousness of allegations and reliance on previous findings.

What did the court decide?

Prayer for grant of privilege of anticipatory bail rejected for the same reasons as in the earlier order dated 06.09.2018.

Girdhari Lal Yadav Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 354 of 2022

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Girdhari Lal Yadav … Petitioner Versus The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Anil Kumar, Sr. Advocate : Mr. Nitish Parth Sarthi, Advocate : Ms. Chandana Kumari, Advocate For the State : Mr. P.D. Agrawal, Spl. P.P.

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Order No.02 Dated- 09.02.2022

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Heard the parties through video conferencing.

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Learned Senior Advocate appearing for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after resumption of the Court in physical mode.

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In view of the personal undertaking of the learned Senior Advocate appearing for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Barhi P.S. Case No.176 of 2017 (G.R. No. 1993 of 2017) registered under sections 448/188/379/506/34 of the Indian Penal Code.

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The learned Senior Advocate appearing for the petitioner submits that the prayer for anticipatory bail of the petitioner was earlier rejected by a Co-ordinate Bench of this Court vide order dated 06.09.2018, in A.B.A. No. 1859 of 2018 and the fresh ground is that some documents of title could not be brought to the notice of the Court. It is then submitted that the petitioner is having title over the place of occurrence. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. on the other hand vehemently opposes the prayer for grant of anticipatory bail and submits that reconsideration of the prayer for anticipatory bail of the petitioner will amount to

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review of the earlier order by which the prayer for grant of privilege of anticipatory bail of the petitioner was rejected which is not permissible in law. It is further submitted that though the prayer for grant of privilege of anticipatory bail of the petitioner was earlier rejected vide order dated 06.09.2018, in A.B.A. No. 1859 of 2018 still, he is avoiding his arrest and has succeeded in evading his arrest till today. It is then submitted that custodial interrogation of the petitioner is required during the investigation of the case to find out the details of the case. Hence, it is submitted that the petitioner ought not to be given the privilege of anticipatory bail.

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Considering the serious nature of allegation and the facts of the case, this Court is of the considered view that this is not a fit case where the above named petitioner be given the privilege of anticipatory bail. Accordingly, the prayer for grant of privilege of anticipatory bail of the petitioner is rejected for the same reasons as mentioned in the order dated 06.09.2018, in A.B.A. No. 1859 of 2018.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Girdhari Lal Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Girdhari Lal Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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