Allowed¶14

Suraj Mahato v. the State of Jharkhand

Jharkhand HC1 May 2024A.B.A./1747/2024

Case brief

AI extract

What is this about?

A.B.A. No. 1747 of 2024, High Court of Jharkhand at Ranchi, Justice Sanjay Kumar Dwivedi (single judge); anticipatory bail allowed to petitioner Suraj Mahato against the State of Jharkhand in Rajnagar P.S. Case No.12/2024 (Indian Penal Code Sections 323/325/307/34) pending before CJM Seraikella; general/omnibus allegations, nothing specific in FIR on source of assault, injury simple; bail bond Rs.25,000/- with two like sureties, Section 438(2) CrPC conditions.

What did the court decide?

Anticipatory bail granted: petitioner to surrender before the learned Court within three weeks and, on arrest or surrender, be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Seraikella, subject to conditions under Section 438(2) CrPC. ¶14

Suraj Mahato Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

¶14

Issue for consideration

Whether the privilege of anticipatory bail should be extended to Suraj Mahato, who apprehends arrest in Rajnagar P.S. Case No.12/2024 (alleged offences under Sections 323/325/307/34 IPC) pending before the Chief Judicial Magistrate, Seraikella.

¶8

Court's answer

Privilege of anticipatory bail extended to the petitioner because nothing specific is stated in the FIR as to pursuant to whose assault the brother of the informant received injury, and the injury is simple in nature.

¶11

Ratio / Principle

Petitioner directed to surrender before the Court within three weeks and, in the event of arrest or surrender, to be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each.

¶14

Key takeaways

Enlargement on bail made subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.ratio¶14

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi (Hon'ble Sanjay Kumar Dwivedi, J.) granted anticipatory bail to Suraj Mahato, who apprehended arrest in Rajnagar P.S. Case No.12/2024, registered for alleged offences under Sections 323/325/307/34 of the Indian Penal Code and pending before the learned Chief Judicial Magistrate, Seraikella. Basis: nothing specific is stated in the FIR as to pursuant to whose assault the informant's brother received injury, and the injury is simple in nature. Petitioner directed to surrender within three weeks; on arrest or surrender, to be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1747 of 2024

¶2

Suraj Mahato … Petitioner

¶3

-Versus-

¶4

The State of Jharkhand … Opposite Party

¶5

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

¶6

For the Petitioner : Mr. Arvind Kumar Choudhary, Advocate For the State : Mr. Subodh Kumar Dubey, A.P.P.

¶7

04/01.05.2024 Heard learned counsel for the petitioner and learned counsel for the State.

¶8

The petitioner is apprehending his arrest in connection with Rajnagar P.S. Case No.12/2024, registered for the alleged offence under Sections 323/325/307/34 of the Indian Penal Code, pending in the Court of the learned Chief Judicial Magistrate, Seraikella.

¶9

Learned counsel for the petitioner submits that the there are general and omnibus allegations against the petitioner. He submits that nothing specific has been stated in the FIR, who has assaulted the victim so that injury has been received by the brother of the informant. He further submits that the injury is simple in nature.

¶10

Learned counsel for the State opposed the prayer on the ground that the allegation of assault is there against all the accused persons including the petitioner.

¶11

Considering that nothing specific has been stated in the FIR that pursuant to whose assault brother of the informant has received injury and the injury is simple in nature and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the

¶12

-1- A.B.A. No. 1747 of 2024

¶13

petitioner.

¶14

Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, 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 Chief Judicial Magistrate, Seraikella in connection with Rajnagar P.S. Case No. 12/2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

¶15

(Sanjay Kumar Dwivedi, J.)

¶16

Ajay/

¶17

-2-

¶18

A.B.A. No. 1747 of 2024

Suraj Mahato v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Suraj Mahato v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Prabhat Singh Vs the State of Jharkhand

Jaswant Singh Vs the State of Jharkhand

Gyan Chand Agarwal Vs the State of Jharkhand

Silon Sk Alias Silan Sk Vs the State of Jharkhand

Pankaj Ram Vs The State Of Jharkhand

Sonu Kumar Sharma Vs the State of Jharkhand