Allowed

Nand Kishor Yadav Alias Nand Kishor Kumar v. the State of Jharkhand

Jharkhand HC12 Aug 2022A.B.A./4283/2022

Case brief

AI extract

What is this about?

Petitioners approached the High Court of Jharkhand seeking anticipatory bail in connection with a case involving affray and assault on police personnel. The court granted anticipatory bail subject to conditions including surrender within four weeks, bond, and cooperation with investigation.

What did the court decide?

Grant of anticipatory bail subject to surrender within four weeks, furnishing a bond of Rs.20,000 each with two sureties, and compliance with Section 438(2) CrPC conditions.

Nand Kishor Yadav Alias Nand Kishor Kumar Vs the State… — Anticipatory Bail | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4283 of 2022

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Nand Kishor Yadav @ Nand Kishor Kumar

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Manohar Arya

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Manoj Kumar

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioners : Mr. A.K. Chaturvedy, Advocate For the State : Mrs. Mohua Palit, Addl.P.P ------

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Order No.05 Dated- 12.08.2022

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Heard learned counsel for the parties.

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Apprehending their arrest in connection with Sadar P.S. Case No. 265 of 2019 instituted under Sections 147, 148, 323, 353, 332, 333, 427, 379, 511, 504 of the Indian Penal Code, the petitioners have moved this Court for grant of privilege of anticipatory bail.

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F.I.R was lodged against the present petitioners and about 40-50 unknown persons for scuffling with the police party due to accidental death of one Bharat Sao. It is further alleged that petitioners being member of the mob started assaulting the police personnels while discharging their duty and petitioners have also damaged the government vehicle.

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Learned counsel for the petitioners has submitted that the petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case by some inimical person. It is further submitted that petitioners are not named in F.I.R. and have no criminal antecedents. In case of their arrest at the hands of police, petitioners shall sustain irreparable loss. It is further submitted that petitioners undertake 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 petitioners 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 petitioners.

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Considering the facts and circumstances of this case, the nature of allegation against petitioners coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the

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petitioners. Accordingly, the petitioners are directed to surrender in the Court within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Chatra in connection with Sadar P.S. Case No. 265 of 2019 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their 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/

Nand Kishor Yadav Alias Nand Kishor Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Nand Kishor Yadav Alias Nand Kishor Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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