Allowed

Vishal Mishra v. the State of Jharkhand

Jharkhand HC12 Oct 2023Cr.A(DB)/656/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal appeal under the NIA Act challenging a bail rejection order. Relying on the principle that similarly situated co-accused were granted bail, the court quashed the lower court order and directed the release of the appellants on bail.

What did the court decide?

The bail rejection order dated 02.03.2023 is quashed and set aside. The appellants are directed to be released on bail by furnishing a bond of Rs. 25,000 and two sureties.

Vishal Mishra Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2023)

¶1

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (D.B.) No.656 of 2023

¶3

-----

¶4

Vishal Mishra, aged about 25 years, S/o Lal Bihari Mishra, R/o-Ishri Bazar, P.O.-Galagi, P.s. & Dist. Giridih.

¶5

Md. Aman, aged about 27 years, S/o-Md. Kayum, R/o-Mithu Road, P.O.-Dhanbad, P.S.-Bank More, Dist. Dhanbad.

¶6

… … Appellants

¶7

Versus

¶8

The State of Jharkhand … … Respondent

¶9

¶10

CORAM:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE NAVNEET KUMAR

¶11

------For the Appellants : Mr. Shailesh, Advocate For the Respondent : Ms. Anuradha Sahay, A.P.P.

¶12

¶13

Order No. 08 / Dated 12^th October, 2023

¶14

1. The instant appeal under section 21(4) of the National Investigation Agency Act, 2008 has been directed against the order dated 02.03.2023 passed by the learned Additional Sessions Judge-VI, Dhanbad in Bail Petition No.197 of 2023 whereby and whereunder the prayer for bail of the appellant in connection with Bank More P.S. Case No. 03/2023, registered for the offence under Section 25(1-B)(a), 25(6), 26, 35 and 25(1AA) of the Arms Act and Section 120 B of the Indian Penal Code, has been rejected.

¶15

2. It has been contended by the learned counsel for the appellants that the appellants have falsely been implicated in this case only on the basis of confessional statement of coaccused persons.

¶16

3. It has further been contended that both the appellants were arrested from the residence of appellant No.1 and nothing incriminating has been recovered or seized from his possession.

¶17

¶18

4. It has further been contended that the co-accused, namely, Md. Saddam Ansari has been granted bail by this Court vide order dated 05.07.2023 passed in Criminal Appeal (DB) No.527 of 2023 and another co-accused Md. Arshad Ahmad @ Arshad Ahmad has been granted bail vide order dated 23.08.2023 passed in Criminal Appeal (DB) No.741 of 2023 and the case of the present appellants stands on identical footing to that of the case of the aforesaid co-accused persons.

¶19

5. Learned counsel for the appellants further contended that the State, in its objection affidavit, has taken the ground of criminal antecedent of the appellants but in those cases the appellants have been granted bail by this Court, i.e., appellant Md. Aman @ Raja has been granted bail vide order dated 13.09.2023 passed in B.A. No.4249 of 2023 and appellant Vishal Mishra has been granted bail vide order dated 02.05.2023 passed in B.A. No.3123 of 2023 and order dated 13.09.2023 passed in B.A. No.4293 of 2023.

¶20

6. Ms. Anuradha Sahay, learned A.P.P. has submitted that the implication of the appellants is based on the confessional statement and the allegation against the appellant is of having close association with a Gangster, namely, Prince Khan.

¶21

7. Learned Additional Public Prosecutor, has not disputed the fact that the co-accused, namely, Md. Saddam Ansari has been granted bail by this Court vide order dated 05.07.2023 passed in Criminal Appeal (DB) No.527 of 2023 and another coaccused Md. Arshad Ahmad @ Arshad Ahmad has been granted bail vide order dated 23.08.2023 passed in Criminal Appeal (DB)

¶22

¶23

No.741 of 2023 and the case of the present appellants stands on identical footing to that of the case of the aforesaid co-accused persons.

¶24

8. Further, she has also not disputed that the appellants have been granted bail by this Court in other criminal case pending against them.

¶25

9. This Court, after having heard the learned counsel for the parties and taking into consideration the fact that similarly situated co-accused, namely, Md. Saddam Ansari has been granted bail by this Court vide order dated 05.07.2023 passed in Criminal Appeal (DB) No.527 of 2023 and another co-accused Md. Arshad Ahmad @ Arshad Ahmad has been granted bail vide order dated 23.08.2023 passed in Criminal Appeal (DB) No.741 of 2023 and the case of the present appellants stands on identical footing to that of the case of the aforesaid co-accused persons, is of the view that there is no reason to take different view in respect of the case of the present appellant.

¶26

10. Further, the ground has been taken by the State regarding criminal antecedent of the appellants but we have found that the appellants have been granted bail in those cases by this Court.

¶27

11. Regard being had to the facts and circumstances of the case, this Court is of the view that the impugned order requires interference.

¶28

12. Accordingly, the order dated 02.03.2023 passed in Bail Petition No.197 of 2023 is, hereby, quashed and set aside.

¶29

13. In view thereof, the instant appeal stands allowed.

¶30

¶31

14. In consequence thereof, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Dhanbad in connection with Bankmore P.S. Case No.03 of 2023, subject to the conditions that the appellant shall co-operate in the trial and shall not absent himself on the date fixed without any cogent cause and shall not commit offence of the like nature. In failure, the learned trial court shall have liberty to pass appropriate order in accordance with law so that trial be not hindered.

¶32

15. Accordingly, the instant appeal stands disposed of.

¶33

(Sujit Narayan Prasad, J.)

¶34

(Navneet Kumar, J.)

¶35

Birendra/

Vishal Mishra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Vishal Mishra 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

Umesh Mahato Vs the State of Jharkhand

Dr Kumari Sandhya Alias Kumari Sandhya Vs State of Jharkhand

Girdhari Singh Alias Pintu Singh Vs the State of Jharkhand

Jitendra Sah Vs the State of Jharkhand

Chandru Manjhi Alias Ram Chandru Soren Alias Ram Chandra Soren Vs the State of Jharkhand

Dukhi Saw Vs the State of Jharkhand