Allowed¶6

Ranjan Kumar Pandit v. the State of Jharkhand

Jharkhand HC19 Jan 2024B.A./11316/2023

Case brief

AI extract

What is this about?

Jharkhand HC (Deepak Roshan, J.), 19.01.2024, B.A. No. 11316 of 2023 — Ranjan Kumar Pandit @ Ranjan Kumar v. State of Jharkhand — regular bail allowed under Ss.461/379/413/34 IPC (Chas P.S. Case No. 427 of 2023) on parity with bailed co-accused Bittu Kumar Rana; bond Rs.10,000 + two sureties; conditional bail (police reporting, trial attendance, no witness tampering); custody since 06.09.2023.

What did the court decide?

Regular bail granted: petitioner to be released on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bokaro, subject to conditions (monthly police reporting till trial, attendance/cooperation at trial, no threatening of witnesses); trial court empowered to cancel bail on breach. ¶6

Ranjan Kumar Pandit Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶6

Issue for consideration

Whether the petitioner, in custody since 06.09.2023 for offences under Sections 461/379/413 and 34 IPC (Chas P.S. Case No. 427 of 2023), should be enlarged on regular bail on parity with co-accused Bittu Kumar Rana who was already granted bail by a coordinate Bench.

¶3

Court's answer

Regular bail granted on parity: the co-accused with similar allegation had already been granted bail by a coordinate bench of this Court, and the allegation made against this petitioner was considered, on which basis the Court was inclined to enlarge the petitioner on bail.

¶6

Ratio / Principle

Release directed on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bokaro.

¶6

Key takeaways

Bail made subject to conditions — monthly reporting to the local police station till commencement of trial, appearance and cooperation before the trial court on every trial date thereafter, and no act to threaten witnesses — failing compliance with any condition, the learned trial court is at liberty to cancel the bail.ratio¶13

Detailed headnote1 paragraphs

Bail Application (B.A. No. 11316 of 2023, High Court of Jharkhand at Ranchi, Deepak Roshan, J., 19.01.2024): Regular bail granted to Ranjan Kumar Pandit @ Ranjan Kumar for offences under Sections 461/379/413 and 34 IPC arising from Chas P.S. Case No. 427 of 2023. Grant rested on parity — co-accused Bittu Kumar Rana @ Bikash Kumar Rana @ Bittu Rana, having similar allegations, had already been granted bail by a coordinate Bench — together with consideration of the allegation against the petitioner, who was in custody since 06.09.2023. Conditions imposed: furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bokaro; monthly reporting to the local police station till commencement of trial; appearance and cooperation on every trial date thereafter; and no act to threaten witnesses. Non-compliance of any condition entitles the learned trial court to cancel the bail.

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 11316 of 2023 Ranjan Kumar Pandit @ Ranjan Kumar ..… Petitioner Versus The State of Jharkhand ..... Opposite party --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------For the Petitioner : Mr. Venketeshwar Gopal, Advocate For the State : Mr. V.K. Vashistha, APP

¶2

04/ 19.01.2024 Heard learned counsel for the parties.

¶3

The instant application has been preferred by the petitioner for grant of regular bail for the offence registered under Sections 461/ 379/ 413 and 34 of the Indian Penal Code.

¶4

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and the co-accused Bittu Kumar Rana @ Bikash Kumar Rana @ Bittu Rana has already been granted bail by a coordinate Bench of this Court and the allegation made against this petitioner is same and similar and he is languishing in custody since 06.09.2023, as such he may be enlarged on bail.

¶5

Learned APP for the State opposed the prayer for bail of the petitioner.

¶6

Having regard to the facts of the case that the co-accused who is having similar allegation has already been granted bail by a coordinate bench of this Court and further looking to the allegation made against this petitioner, I am inclined to enlarge this petitioner on bail. Accordingly, the petitioner is directed to be released on bail. The petitioner shall furnish bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bokaro, in connection with Chas P.S. Case No. 427 of 2023.

¶7