Bajrangi Paswan Alias Dharmendra Paswan Vs the State of… — Anticipatory Bail | Jharkhand HC (2024)

Bajrangi Paswan Alias Dharmendra Paswan Vs the State of… — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: surrender within three weeks; on surrender/arrest, release on bail on furnishing bail bond of Rs.25,000/- each with two sureties of the like amount each, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, to the satisfaction of the learned Judicial Magistrate, First Class, Dhanbad, in connection with Madhuban P.S. Case No.80 of 2022.

Issue for consideration

Whether the petitioners, who are apprehending arrest in connection with Madhuban P.S. Case No.80 of 2022, should be granted anticipatory bail.

Court's answer

Considering that the co-accused had already been granted anticipatory bail (A.B.A. No.5551 of 2023) and that the petitioners are the only employees of one Karu Yadav, the judge was inclined to grant anticipatory bail to the petitioners in the attending facts and circumstances.

Ratio / Principle

Both petitioners were directed to surrender before the learned court within three weeks and, in the event of surrender/arrest, to be released on bail on furnishing a bail bond of Rs.25,000/- each with two sureties of the like amount each, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory Bail Application granted — High Court of Jharkhand, Ranchi (A.B.A. No. 1001 of 2024, Hon’ble Justice Sanjay Kumar Dwivedi, decided 19.04.2024). Petitioners Bajrangi Paswan @ Dharmendra Kumar @ Dharmendra Paswan and Sanjeev Modak @ Sanjeet Modak, apprehending arrest in Madhuban P.S. Case No.80 of 2022 (registered under sections 414, 34 of the IPC and section 30(ii) of the Coal Mines Act, pending before the learned Judicial Magistrate, First Class, Dhanbad), sought anticipatory bail. Counsel for the petitioners submitted that the apprehended driver had named one Karu Yadav as the owner of the coal and that the petitioners were his employees, and that the co-accused had already been provided anticipatory bail in A.B.A. No.5551 of 2023; the State counsel opposed, stating that the coal was loaded illegally and that the driver had taken the name of Karu Yadav. Considering the earlier grant of anticipatory bail to the co-accused and that the petitioners are the only employees of one Karu Yadav, the Court granted anticipatory bail: the petitioners were directed to surrender within three weeks and, on surrender/arrest, to be released on bail on furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 1001 of 2024

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1.Bajrangi Paswan @ Dharmendra Kumar @ Dharmendra Paswan

2.Sanjeev Modak @ Sanjeet Modak .... Petitioners

The State of Jharkhand .... Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioners :- Mr. R.N. Chatterjee, Advocate For the State :- Mr. Manoj Kumar Mishra, Advocate ----

/19.04.2024 Heard the learned counsel for the petitioners as well as the learned

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counsel for the State.

The petitioners are apprehending their arrest in connection with Madhuban P.S. Case No.80 of 2022, for the offence registered under sections 414, 34 of the IPC and section 30(ii) of Coal Mines Act, pending in the court of learned Judicial Magistrate, First Class, Dhanbad.

Learned counsel for the petitioners submits that the apprehended driver has taken the name of one Karu Yadav and has stated that the coal was of Karu Yadav. He submits that the petitioners are the employee of Karu Yadav and the co-accused has been provided privilege of anticipatory bail in A.B.A. No.5551 of 2023.

Learned State counsel opposed the prayer on the ground that the coal was loaded illegally and the name of Karu Yadav was taken by the driver. 5. Considering that the co-accused has been provided privilege of anticipatory bail as aforesaid and the petitioners are the only employees of one Karu Yadav, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioners.

Accordingly, both the petitioners, above named, are hereby directed to surrender before the learned court within three weeks from today, and in the event of their surrender/arrest, both the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, First Class, Dhanbad, in connection with Madhuban P.S. Case No.80 of 2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

( Sanjay Kumar Dwivedi, J.)

SI/