Single-judge bench allowed bail application filed by Rahul Kumar in connection with IPC offences under Sections 147, 148, 149, etc. Applicant was detained since November 1, 2021.
Released on bail on furnishing a bond of Rs. 20,000 with two sureties of like amount to the satisfaction of the court concerned in the case.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 966 of 2022 Rahul Kumar ….. Petitioner Versus The State of Jharkhand …. …. Opp. Party ------ CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. Sanjay Kumar Pandey, Advocate For the State : Mr. S.S. Kumar, APP
4/02.05.2022 Heard learned counsel for the applicant and learned APP for the State.
The bail application has been filed on behalf of the abovenamed applicant with a prayer to release on bail in connection with Satgawan P.S. Case No.74 of 2020 under section 147, 148,149,448,307,337,323,120(b),427, 379 and 436 of the IPC, pending in the court of J.M., 1st Class, Koderma.
Learned counsel for the applicant has submitted that FIR of this case was lodged by the informant against 37 named accused persons with these allegations that the informant was running a nursing home by the name and style of Gita Devi Memorial Hospital. On 18.06.2020, in the day time the named accused persons along with 200-250 unknown miscreants intruded in the nursing home with intent to cause murder of Ajay Singh by pelting stones and bricks whereby he sustained injuries. Rohit Kumar and Praveen Kumar had also been beaten with lathi and danda and several persons sustained injuries therein. The accused persons had vandalized the articles of nursing home and had also damaged the property and stolen away Rs.1,25,000/- in cash from the cash counter. Accordingly the FIR was lodged.
Learned counsel for the applicant has further submitted that though name of the applicant figured in the FIR yet no specific role has been assigned to the applicant. No one had sustained injuries in this occurrence and the applicant has been languishing in jail since 01.11.2021.
Learned APP opposed the contention of learned counsel for the applicant and contended that the applicant is having criminal antecedents.
In view of the submissions made and the materials on record, these bail applications of the applicant is allowed. Let the applicant be released on bail on furnishing bail bond of Rs.20,000/- (Rupees twenty thousand) with two sureties of like amount to the satisfaction of the court concerned in the aforesaid case.
(SUBHASH CHAND, J.)
tarun
2 issues framed by the court
Whether bail should be granted to the applicant who has no specific role assigned in the FIR and was injured during the incident.
Whether the applicant's criminal antecedents oppose his release on bail.
1 provisions across 1 enactments
Rahul Kumar
The State of Jharkhand
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
