Dablu Kumar Alias Awadhesh Kumar v. the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B. A. No. 848 of 2022

Dablu Kumar @ Awadhesh Kumar

… Petitioner

Versus

The State of Jharkhand

… Opposite Party

Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Manoj Kr. No. 3 ,Adv. For the State : Mr. Nawin Kr. Singh ,Addl. P.P.

03 / 14.03.2022 Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with B. S. City P.S. Case No. 294 of 2012 (S) registered under Sections 302, 120B, 34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in criminal conspiracy with the co-accused, has committed murder of Indra Bahadur Singh. It is then submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is further submitted that though the petitioner is named in the written report but in the formal FIR, his name is not mentioned in the accused column and the police has given requisition to learned Magistrate for issue of warrant of arrest, which has been issued by learned Magistrate, hence, the petitioner apprehends his arrest. It is further submitted that eye witnesses to the occurrence, who have seen the occurrence of assault have stated that the petitioner was not present at the time of occurrence and in subsequent statement also, as mentioned in paragraph 140 of the case diary, the informant has not taken the name of the petitioner. It is further submitted that the petitioner was minor at the time of alleged occurrence and the petitioner is ready to co-operate with the investigation of the case hence, the petitioner be given the privilege of anticipatory bail.