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Narayan Munda v. the State of Jharkhand

Jharkhand HC16 Mar 2023A.B.A./10281/2022

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to petitioners in a theft, assault, and illegal possession case. Since the offences are triable by a First Class Magistrate, the Court directs the petitioners to seek regular bail from the trial court following Supreme Court guidelines in Satender Kumar Antil.

What did the court decide?

Pt. granted directed to seek regular bail from trial court under Satender Kumar Antil guidelines.

Narayan Munda Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 10281 of 2022

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Narayan Munda

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Meera Munda

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Sukra Munda

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Sabitri Munda

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Harelal Munda

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Niyati Munda @ Niyati Munda …… Petitioners

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Versus

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The State of Jharkhand

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Hansi Munda @ Hansa Munda ……Opposite parties

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioners : Mr. Jitendra Nath Upadhyay, Advocate For the State : Mr. Suraj Deo Munda, Addl.P.P For the O.P. No. 2 : Mr. Prakash Kumar, Advocate

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Order No.05/ Dated:16.03.2023

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Heard learned counsel for the parties.

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Apprehending their arrest in connection with Complain Case No. 289 of 2021 instituted under Sections 379/ 420/323/ 324/34 of the Indian Penal Code, the petitioners have moved to this Court for grant of privilege of anticipatory bail.

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As per complaint case, there is an allegation that the present petitioners have stolen one golden ornament, one pair of ear ring, one pair of silver payal worth Rs. 1,30,000/- and Rs. 50,000/- cash kept in the complainant’s house. It is further alleged that the accused persons have assaulted the complainant with lathi, danda, etc and abused her in filthy language and also threatened to kill her.

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Learned counsel for the petitioners has submitted that petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case. It is submitted that nothing has been recovered from the possession of the petitioners. It is lastly submitted that

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the petitioners undertake to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioners. Hence, the petitioners 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 petitioners.

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It is a complaint case and after taking cognizance summons have been issued against the petitioners, offences are triable by 1^st Class, Magistrate, hence, without expressing any view on the merits of the case, this anticipatory bail application is disposed off.

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Petitioners are directed to seek regular bail before learned trial court which shall be disposed of in accordance with guidelines issued by Hon’ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2021(10) SCC 773.

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(Pradeep Kumar Srivastava, J.)

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R.K/

Narayan Munda v. the State of Jharkhand

Case brief

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Narayan Munda v. the State of Jharkhand

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