Dismissed

Pankaj Mahto Alias Pankaj Kumar Mahto v. the State of Jharkhand

Jharkhand HC7 Feb 2022A.B.A./383/2022

Case brief

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What is this about?

Anticipatory bail application rejected. The petitioner, facing serious criminal charges including murder and attempted murder, sought bail citing co-accused' bail. The Court dismissed the prayer, holding the earlier merit-based rejection still applicable due to the serious nature of allegations and petitioner's non-cooperation.

What did the court decide?

Prayer for grant of anticipatory bail rejected.

Pankaj Mahto Alias Pankaj Kumar Mahto Vs the State of… — Narcotics (NDPS) | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 383 of 2022

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Pankaj Mahato @ Pankaj Kumar Mahto

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… Petitioner Versus The State of Jharkhand … Opposite Party

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Jai Prakash, Sr. Advocate : Mr. Yogesh Modi, Advocate For the State : Mr. Sardhu Mahto, Addl. P.P. ------

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Order No.02 Dated- 07.02.2022

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Heard the parties through video conferencing.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Katras P.S. Case No.173 of 2021 registered under sections 147/148/ 149/341/323/324/307/302/452/354/504/506/120B of the Indian Penal Code.

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The Learned Senior Advocate appearing for the petitioner submits that earlier the prayer for grant of privilege of anticipatory bail of the petitioner was rejected vide order dated 07.10.2021 in A.B.A. No.7554 of 2021 and the fresh ground is that two co-accused persons have been granted anticipatory bail. Hence, it is submitted that the petitioner be also 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 the allegations against the petitioner are on different footing than the allegation as made against the two co-accused persons who have been given the privilege of anticipatory bail and grant of anticipatory bail to the petitioner which was earlier rejected on merit, will amount to review of the earlier order of this Court rejecting the prayer for anticipatory bail. It is further submitted that though the prayer for anticipatory bail of the petitioner was rejected vide order dated 07.10.2021 but he

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is not cooperating with the investigation of the case and is absconding and his custodial interrogation is required during the

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investigation of the case to find out the further 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 07.10.2021 in A.B.A. No.7554 of 2021.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Pankaj Mahto Alias Pankaj Kumar Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Pankaj Mahto Alias Pankaj Kumar Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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