Allowed

Baijnath Singh v. the State of Jharkhand

Jharkhand HC16 Aug 2022B.A./6873/2022

Case brief

AI extract

What is this about?

This Single Judge order deals with a bail application filed by four petitioners named as counter-accused. The court observed the dispute arose from a land conflict involving multiple accused. Fixing bail with conditions while considering the group nature of the assault.

What did the court decide?

Bail fixed on furnishing bond of Rs. 20,000/- each with two sureties of like amount, subject to conditions including reporting to police every last Saturday.

Baijnath Singh Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Miscellaneous Jurisdiction)

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BA No. 6873 of 2022

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Baijnath Singh

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Mahendra Singh

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Deepak Layak

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Purusottam Layak … … Petitioners

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Versus

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The State of Jharkhand … … Opposite Party

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CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA

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------For the Petitioners : Mr. S.P. Roy, Advocate For the State : Mrs. Lily Sahay, APP

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Order No.03/Dated: 16th August, 2022

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When the matter is called out, Mr. S.P. Roy, the learned counsel appears for the petitioners and Mrs. Lily Sahay, the learned APP appears for the State.

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The learned counsel for the petitioners submits that this is a matter of case and counter-case. He further submits that FIR has been lodged with respect to the dispute between two parties over a piece of land in which allegations are made against 13 named accused persons as well as 8-10 other persons. Therefore, any specific assault or injury cannot be attributed to these petitioners only. He further submits that main accused was one Tufan Singh who was carrying tangi in his hand. Learned counsel further says that two of the co-accused persons, namely, Suraj Singh and Ghanshyam Singh have been granted bail vide order dated 6^th June 2022 passed in BA No. 1228 of 2022 by a coordinate Bench of this Court. He further says that the case of the petitioners are similar to Suraj Singh.

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Learned counsel for the State opposed the prayer for bail and submits that the accused persons were in group who assaulted the deceased with much force therefore bail should not be granted, but he has not denied the cited bail order.

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Having heard both counsels, gone through the records of the case and in the facts and circumstances of the case, I am inclined to release the petitioners, named above, on bail, on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand only)each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Dumka, in connection with Jama PS Case No. 93 of 2021, corresponding to GR case No. 910 of 2021, subject to the condition that the petitioners will submit self-attested photocopies of their Aadhaar Cards and also submit their mobile numbers before the learned Court below which they will

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-2- BA No. 6873 of 2022

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always keep active and will not change it during pendency of this case without prior permission of the Court. Further, the petitioners shall report to the concerned police station on every last Saturday of the month, between 01:00 and 05:00 p.m. for one year, failing which or if any adverse remarks regarding their nonappearance at the police station, their bail-bond shall be liable to be cancelled. Any exemption to such attendance shall be done so after direction from the learned Court below.

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KNR (Ratnaker Bhengra, J.)

Baijnath Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Baijnath Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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