Allowed

Santosh Sahu v. the State of Jharkhand

Jharkhand HC1 Mar 2023A.B.A./538/2023

Case brief

AI extract

What is this about?

In an application for anticipatory bail, the single judge, after hearing counsel, was inclined to grant relief. The petitioner was directed to surrender within four weeks and furnish a bail bond of Rs. 20,000 with two sureties, subject to conditions over cooperation and mobile number disclosure.

What did the court decide?

Anticipatory bail granted; direction to surrender within four weeks and apply for bail through competent authority with bond of Rs. 20,000 and two sureties.

Santosh Sahu Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2023)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

A.B.A. No. 538 of 2023

¶3

Santosh Sahu …… Petitioner

¶4

Versus

¶5

The State of Jharkhand ……Opposite party

¶6

----------

¶7

CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

¶8

-----

¶9

For the Petitioner : Mrs. Puja Agarwal, Advocate For the State : Mrs. Priya Shrestha, A.P.P.

¶10

Order No.04/ Dated:01.03.2023

¶11

Heard learned counsel for the parties.

¶12

Apprehending his arrest in connection with Macluskiganj P.S. Case No. 35 of 2022 instituted under Sections 279, 336 and 427 of the Indian Penal Code and Section 25(1-B)A, 26, 35 of Arms Act, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

¶13

As per F.I.R., allegation is that motorcycle was being driven rashly and negligently and dashed the government Bolero Car parked on the corner of the road.

¶14

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. Petitioner has no criminal antecedent. It is submitted that his name has been disclosed by the co-accused which has no evidentiary value. Nothing has been recovered from the possession of the petitioner. It is lastly submitted that the petitioner undertakes to cooperate 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.

¶15

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

¶16

It appears that at the time of checking vehicles one motorcycle was being driven rashly and negligently and hit bolero vehicle. It is alleged that 2 boys were apprehended and from their possession country made pistol and live cartridges were seized. Present petitioner is alleged to have been fled away from the spot.

¶17

Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record and criminal background available against the petitioner, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate at Ranchi in connection with Macluskiganj P.S. Case No. 35 of 2022 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

¶18

(Pradeep Kumar Srivastava, J.)

¶19

R.K/

Santosh Sahu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Santosh Sahu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Banti Kumar Alias Banti Kumar Thakur Vs the State of Jharkhand

MD Mukhtar Alias Muktar Alias Mukhtar Ansari Vs the State of Jharkhand

Jitu Sonar Vs the State of Jharkhand

Azad Pandit Vs the State of Jharkhand

Nand Lal Ganjhu Alias Nandlal Alias Nand Lal Mahato Vs the State of Jharkhand

Pradeep Sahu Vs the State of Jharkhand