Allowed

Abhilash Mishra v. the State of Jharkhand

Jharkhand HC5 Mar 2024A.B.A./193/2024

Case brief

AI extract

What is this about?

The High Court at Ranchi granted anticipatory bail to the petitioner in connection with a murder and cognate offence case where his brother died. The court directed surrender within three weeks and framed bail conditions including bond and sureties under Section 438 CrPC.

What did the court decide?

Anticipatory bail granted to the petitioner subject to surrender within three weeks, bond of Rs. 25,000, and two sureties of like amount.

Abhilash Mishra Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

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1 A.B.A. No. 193 of 2024

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 193 of 2024

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Abhilash Mishra … Petitioner

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-Versus-

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The State of Jharkhand … Opposite Party -----

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Indrajit Sinha, Advocate Mr. Rishav Kumar, Advocate For the Opposite Party-State : Mr. Bhola Nath Ojha, A.P.P.

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02/05.03.2024 Heard Mr. Indrajit Sinha through Video Conferencing and Mr. Rishav Kumar, who is present in the Court, learned counsel for the petitioner and Mr. Bhola Nath Ojha, learned counsel for the State.

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The petitioner is apprehending his arrest in connection with Mango P.S. Case No.157 of 2023, corresponding to G.R. Case No.1495 of 2023, registered for the alleged offence under Section 323, 324, 326, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act and after registration of FIR, Section 302 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act has been added, pending in the Court of the learned Judicial Magistrate at Jamshedpur.

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Learned counsel for the petitioner submits that the petitioner's own brother has died in an incident and fire was made by one Deepak Choudhury. He further submits that in identical situation, the co-accused person has been provided privilege of anticipatory bail by a Coordinate Bench of this Court in A.B.A. No.7589 of 2023.

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Learned counsel for the State opposed the prayer on the ground that due to firing, the deceased has died and the petitioner was also present at the place of occurrence.

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Considering that the petitioner's own brother has died in an incident

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2 A.B.A. No. 193 of 2024

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and fire was made by one Deepak Choudhury and in identical situation, the co-accused person has been provided privilege of anticipatory bail, I am inclined to extend the privilege of anticipatory bail to the petitioner. 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 Judicial Magistrate at Jamshedpur in connection with Mango P.S. Case No. 157 of 2023, corresponding to G.R. Case No.1495 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Accordingly, this application stands allowed and disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Ajay/

Abhilash Mishra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Abhilash Mishra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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