Allowed

Dhaneshwar Mahto v. the State of Jharkhand

Jharkhand HC13 Apr 2023B.A./943/2023

Case brief

AI extract

What is this about?

The High Court at Ranchi granted regular bail to the applicant in a case involving offences under the Indian Penal Code, Arms Act, and Chotanagpur Tenancy Act, subject to conditions including bank sureties and monthly police reporting. The court observed the applicant was in custody since October 2022.

What did the court decide?

The applicant was directed to be released on bail on furnishing a bond of Rs.10,000 with two sureties, subject to conditions of monthly police reporting and maintaining an active mobile number.

Dhaneshwar Mahto Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No.943 of 2023

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Dhaneshwar Mahto

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…. …. Petitioner(s)/Applicant(s)

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Versus

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The State of Jharkhand

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…. …. Opposite Party

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner(s)/Applicant(s) : Mr. Mahesh Tewari, Adv. For the State : Mr. Azeemuddin, A.P.P.

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03/Dated: 13^th April, 2023

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1. Heard learned counsel for the applicant and learned counsel for the State.

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2. The applicant who is in custody since 28.10.2022 has approached this Court for grant of regular bail in connection with Mahuwatand P.S. Case No.23 of 2005 corresponding to G.R. No.480 of 2005, registered for the offence under Sections 147, 148, 149, 353 and 307 of the Indian Penal Code and under Section 27 of the Arms Act and under Section 17(i)(ii) of the C.L.A. Act. Now the case is pending in the court of learned S.D.J.M., Bermo at Tenughat.

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3. It appears that the firing has taken place between the extremists and the police party and FIR has been lodged against unknown. One empty cartridge of AK-47 and two empty cartridges of 303 bore were recovered from the place of occurrence. No injury has been reported.

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4. It has been submitted by the learned counsel for the applicant(s) that complete set of FIR along with its enclosure have been annexed with this bail application and there is no suppression on his/her part.

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5. Innocence has been claimed by the learned counsel for the applicant and undertaking has been given for participation in the trial. It has been submitted that the applicant has been roped in this case only on the basis of confession of the co-accused. There is no other material. Further, two criminal antecedent has been reported but he has already been acquitted in that cases. On the above basis, prayer for bail has been made.

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6. Learned counsel for the State has opposed the prayer for bail.

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7. Considering the above facts, I am inclined to enlarge the applicant on bail. Accordingly, the applicant, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bermo at Tenughat in connection with Mahuwatand P.S. Case No.23 of 2005 corresponding to G.R. No.480 of 2005, subject to conditions that one of the bailors will be close relative of the applicant and the applicant

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is directed to report to the concerned police station once in a month. Further, the

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applicant(s) will submit self-attested photocopy/photocopies of his/her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned court below which he/she/they will always keep active and will not change it during pendency of this case without prior permission of the court.

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(Rajesh Kumar, J.)

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Amar/-

Dhaneshwar Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dhaneshwar Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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