Allowed

Goutam Mahato v. the State of Jharkhand

Jharkhand HC5 Aug 2022A.B.A./5743/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand, Ranchi granted anticipatory bail to the petitioner in connection with FIR u/s 143, 147, 149, 353, 504, 506 IPC accusing his involvement in a mob that released a stolen tractor with sand from police station custody, subject to appearing before JMFC within four weeks.

What did the court decide?

Anticipatory bail granted; direction to surrender to JMFC within four weeks on furnishing bail bond of Rs. 20,000 with two sureties.

Goutam Mahato 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.5743 of 2022

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioner : Mr. Chandrajit Mukherjee, Advocate For the State : Mr. V.S. Sahay, Addl.P.P

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Order No.04 Dated- 05.08.2022

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with Tiruldih P.S. Case No. 04 of 2022 instituted under Sections 143, 147, 149, 353, 504, 506 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 21.01.2022 at about 22:45 hours, 30-40 unknown persons reached to Tiruldih P.S. and some of them tried to open the main gate of police station by removing fancy wire in order to get the tractor released loaded with stolen sand. It is further submitted that petitioner is alleged to be a member of the said mob.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case due to suspicion. No specific overt act has been assigned against the petitioner. It next submitted that petitioner has no concern with the alleged tractor or sand. Petitioner has no criminal antecedent. In case of his arrest at the hands of police, petitioner shall sustain irreparable loss. 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 petitioner was one of the member of the said mob and he was involved in illegal release of the tractor and sand parked in front of the said police station. 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 J.M.1^st Class, Seraikella in connection with Tiruldih P.S. Case No. 04 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/

Goutam Mahato v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Goutam Mahato v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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