Chiranjivi Kumar Jha v. the State of Jharkhand
Case brief
What is this about?
The High Court of Jharkhand granted regular bail to the petitioner arrested for offences under Sections 385, 386, 387, 120B, and 34 of the IPC and Section 17 of CLAA, as the F.I.R. assertions were insufficient to clearly make out the offence of extortion.
What did the court decide?
Petitioner released on bail on furnishing a bond of Rs.25,000 with two sureties of the like amount, one being a close relative.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 2220 of 2023
Chiranjivi Kumar Jha @ Chiranjiv Kumar Jha
. .... .. ... Petitioner(s) Versus The State of Jharkhand. .. ... ...Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Ms. Vani Kumari, Advocate For the State : Mr. Santosh Kumar Shukla, APP
04/ 19.05.2023 . Petitioner above-named who is in custody since 27.12.2022 has moved this Court for grant of regular bail in connection with Piparwar P.S. Case No. 65 of 2022 for the offence registered under Sections 385, 386, 387, 120B, 34 of the I.P.C. and Section 17 of C.L.A. Act pending in the Court of Sub Divisional Judicial Magistrate, Chatra
Heard the parties.
It is submitted by the learned counsel on behalf of petitioner that offences under Sections 385, 386, 387 of the I.P.C. will not be made out on the basis of assertions made in the F.I.R. It is submitted that the petitioner was arrested while he was going in car along with his associates in which Rs.48,000/- was seized along with pamphlets..
It is submitted that it does not clear that who was the victim of the said extortion. Mere recovery of cash is not sufficient to make out an offence of extortion. It is submitted that petitioner is innocent and has no criminal antecedent.
Issues for consideration
2 issues framed by the court
Whether regular bail should be granted to the petitioner in the custody since 27.12.2022 in connection with extortion offences.
Whether the recovery of cash and pamphlets alone establishes the offence of extortion as alleged in the F.I.R.
Parties & counsel
- petitioner
Chiranjivi Kumar Jha @ Chiranjiv Kumar Jha
- respondent
The State of Jharkhand
Coram
Gautam Kumar Choudhary
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · May
- Registered
- Case no.
- B.A./2220/2023
Similar cases
Judgements on the same questions, provisions and authorities, from every court