Allowed

Birbal Singh v. the State of Jharkhand

Jharkhand HC3 Jul 2023A.B.A./7369/2022

Case brief

AI extract

What is this about?

This single judge order grants anticipatory bail to petitioner Birbal Singh in a fake land grabbing FIR. The petitioner must surrender within four weeks and appear before the Magistrate upon arrest or summons.

What did the court decide?

Petitioner granted anticipatory bail; directed to surrender within four weeks; enlarged on bail upon arrest/furnishing bond of Rs. 25,000 with two sureties.

Birbal Singh Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7369 of 2022

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Birbal Singh .... .... …. Petitioner Versus

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The State of Jharkhand

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Prahlad Narayan Pandey

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Dhrub Narayan Pandey

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.... .... 4. Jitendra Kumar Pandey ....Opposite Parties

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioner : Mr. Indrajit Sinha, Advocate : Mr. Akhouri Awinash, Advocate For the State : Mr. Shailendra Kumar Tiwari, Addl.P.P For the Informant : Mr. Rahul Kumar, Advocate ------

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Order No. 09 Dated- 03.07.2023

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with Pithoria P.S. Case No. 125 of 2021 instituted under Sections 467/468/420/120B/34 of the Indian Penal Code and Section 43(a) read with Section 66 of Information Technology Act, the petitioner has moved this Court for grant of privilege of anticipatory bail.

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As per F.I.R., there is allegation against the petitioner regarding the grabbing the land of the informant by changing the name of person to whom land belonged with the help of the co-accused persons in connivance with the officials of Kanke Anchal and NIC.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is further submitted that petitioner undertakes to co-operate with the investigation of the case and will not indulge in tampering with prosecution evidence and will abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, it is submitted that the petitioner may be extended the privilege of anticipatory bail.

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Learned Addl.P.P appearing for the State as well as learned counsel appearing for the informant oppose the prayer for anticipatory bail of the petitioner.

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Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the

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Court 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. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, First Class, Ranchi in connection with Pithoria P.S. Case No. 125 of 2021 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.

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(Pradeep Kumar Srivastava, J.)

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Umesh/-

Birbal Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Birbal Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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