Dismissed

Rabbani Momin v. the State of Jharkhand

Jharkhand HC13 Mar 2023A.B.A./1260/2023

Case brief

AI extract

What is this about?

The petitioner moved for anticipatory bail apprehending arrest for theft under Section 379 IPC. The court rejected the prayer as the petitioner was found using a stolen mobile phone during investigation, directing him to seek regular bail from the lower court.

What did the court decide?

Prayer for anticipatory bail rejected; petitioner directed to surrender for regular bail before the court below.

Rabbani Momin 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. 1260 of 2023

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Rabbani Momin …… Petitioner

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Versus

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The State of Jharkhand ……Opposite party

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Vikas Kumar, Advocate For the State : Mr. Shailendra Kumar Tiwrai, Spl.P.P.

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Order No.02/ Dated:13.03.2023

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with G.R.P.S. Rail Barharwa (P.P. Pakur) Case No. 01 of 2022 instituted under Sections 379 of the Indian Penal Code, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

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As per F.I.R., allegation is that informant was travelling by Tinsukhiya Express train no. 05930 in AC Coach A-1 at NJP Station. When the train was about to reach Pakur Railway Station, she realized that her handbag went missing containing 4 UMID cards, one service I-card, cash up to 10,000/-, one titan watch, 4 Aadhaar cards, 3 ATM cards and 4 phones.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is submitted that petitioner has no concern with the alleged mobile phone. It is lastly submitted that the petitioner undertakes 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 petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.

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Learned Spl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

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It appears that during investigation, it was revealed that present petitioner was using said stolen mobile phone. Investigation against the petitioner is still going on.

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Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am not inclined to grant privilege of anticipatory bail to the petitioner, which stands rejected.

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Petitioner is directed to surrender before the court below and pray for regular bail, the learned court below shall consider the same on its own merits, without being prejudiced by this order.

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(Pradeep Kumar Srivastava, J.)

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R.K/

Rabbani Momin v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rabbani Momin v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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