Ankit Pathak Alias Aniket Pathak v. the State of Jharkhand
Case brief
What is this about?
Single judge rejected an application for bail filed by Ankit Pathak in a case involving alleged assault and culpable homicide under sections 302/307 IPC, citing direct prosecution evidence.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5419 of 2022
Ankit Pathak @ Aniket Pathak ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -------For the Petitioner : Mr. Deepankar, Advocate For the State : Mr. Rakesh Ranjan, A.P.P. --------
04/ 19.07.2022 Heard learned counsel for the applicant and learned A.P.P. for the State.
This bail application has been filed on behalf of the applicant–Ankit Pathak @ Aniket Pathak with prayer to release on bail in connection with Sukhdeo Nagar P.S. Case No. 447 of 2020, corresponding to S.T. No. 292 of 2021, registered under Sections 341/307/326/504/302/34 of the Indian Penal Code, pending in the court of the AJC-XXII, Ranchi.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged against four named accused including the applicant with these allegations that on 24.10.2020 brother of the informant Dipanshu Upadhyay had gone to visit Durga Puja fair at 11:00 O’clock of day time. He received information that his brother had been assaulted by some boys with knife and was lying in injured condition at Milan Chowk, Khadgarha. The informant reached there and the brother of the informant was injured, not in a condition to speak; while two injured Rohit Yadav and Balbant Singh told him that Ganesh Bhargav, Sonu Kumar, Nihar Pandey and Ankit Pathak all had assaulted to Dipanshu Upadhyay and on rescuing them, they were also assaulted by them.
Learned Counsel for the applicant has submitted that though the name of the applicant is also figured in the F.I.R. along with other co-accused yet role assigned to all the accused persons is general and omnibus and the applicant has been languishing in Jail since 28.10.2020.
Issues for consideration
1 issue framed by the court
Whether the bail application filed by the applicant in connection with petty offence u/s 341/307/326/504/302/34 IPC registered in AJC-XXII Ranchi is to be allowed.
Parties & counsel
- applicant
Ankit Pathak @ Aniket Pathak
- respondent
The State of Jharkhand
Coram
Subhash Chand
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · July
- Registered
- Case no.
- B.A./5419/2022
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