Allowed¶12

Bhuneshwar Mahto v. the State of Jharkhand

Jharkhand HC22 Jun 2024B.A./2095/2024

Case brief

AI extract

What is this about?

Jharkhand HC bail granted 22.06.2024 (B.A. 2095/2024, Justice Pradeep Kumar Srivastava) to Bhuneshwar Mahto, accused S.302/34 IPC, Rajrappa P.S. Case 135/2023 / Session Trial 146/2023; FIR: snatching of Rs.22,000/-, victim Shamsad Ansari died; custody since 23.08.2023; parity with co-accused bailed 03.05.2024 (B.A. 251/255/299/304/310 of 2024); bond Rs.25,000/- + two sureties; conditions: every-date attendance, no similar offence, no tampering/influencing; violation cancels bail.

What did the court decide?

Release of petitioner Bhuneshwar Mahto on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Ramgarh, subject to conditions of attendance on every trial date, abstention from similar offences, and non-tampering with evidence/non-influencing witnesses.

Bhuneshwar Mahto Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether petitioner Bhuneshwar Mahto, accused under Section 302/34 IPC in Rajrappa P.S. Case No. 135 of 2023 / Session Trial No. 146 of 2023, should be enlarged on bail.

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Court's answer

Petitioner directed to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Sessions Judge, Ramgarh, in connection with Rajrappa P.S. Case No. 135 of 2023 / Session Trial No. 146 of 2023.

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Ratio / Principle

Bail condition: petitioner shall remain physically present on each and every date till the conclusion of the trial unless prevented by sufficient cause, to the satisfaction of the Learned Trial Court.

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Key takeaways

Bail condition: petitioner shall not indulge in any or other similar offence till the conclusion of the trial.ratio¶14
Bail condition: petitioner shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses.ratio¶15
Violation of the aforesaid conditions shall result in cancellation of bail and the petitioner being taken into custody by the Learned Trial Court.ratio

Detailed headnote1 paragraphs

Single-judge order (Justice Pradeep Kumar Srivastava, 22.06.2024, B.A. No.2095 of 2024, High Court of Jharkhand at Ranchi) granting bail to Bhuneshwar Mahto, accused under Section 302/34 of the Indian Penal Code in Rajrappa P.S. Case No. 135 of 2023 corresponding to Session Trial No. 146 of 2023. The FIR records a fatal assault on a person who had snatched Rs.22,000/- from Jaidhan Mahto; the injured, Shamsad Ansari, disclosed his name and died in hospital, and a motorcycle was seized. Counsel submitted the petitioner was in judicial custody since 23.08.2023 and that co-accused had been granted bail by the Co-ordinate Bench on 03.05.2024 (B.A. Nos. 251, 255, 299, 304, 310 of 2024). Considering the facts, nature of offence and custody, the Court released the petitioner on a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Ramgarh, subject to: presence on every trial date, no similar offence, no tampering with prosecution evidences or influencing witnesses, failing which bail stands cancellable.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No.2095 of 2024

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Bhuneshwar Mahto … Petitioner Versus The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Nehru Mahto, Adv. : Ms. Khushboo Kumari, Adv. For the State : Mr. Tarun Kumar A.P.P.

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Order No.05/Dated- 22.06.2024

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Heard learned counsel for the parties.

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The petitioner has been made accused in connection with Rajrappa P.S. Case No. 135 of 2023 corresponding to Session Trial No. 146 of 2023, registered under Section 302/34 of the Indian Penal Code.

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As per F.I.R., on secret information regarding snatching of money by an accused and the villagers assaulted the said accused, the informant reached place of occurrence and saw that one person is lying in injured condition. On being asked the injured disclosed his name as Shamsad Ansari and died in the hospital. On inquiry, the informant came to know that the accused had snatched Rs.22,000/- from Jaidhan Mahto and flee away. One motorcycle was also seized from the place of occurrence.

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Learned counsel for the petitioner has submitted that petitioner is innocent and he is in judicial custody since 23.08.2023. Other accused persons have been granted bail by the Co-ordinate Bench of this Court vide order dated 03.05.2024 in B.A. No. 251 of 2024 with B.A. No. 255 of 2024, with 299 of 2024, with B.A. No. 304 of 2024 with B.A. No. 310 of 2024. He has no criminal background and undertakes to co-operate with the trial of the case and to remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. Hence the petitioner may be enlarged on bail.

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Learned Addl. P.P. has opposed the prayer for bail of the petitioner. He does not deserve to enlarge on bail.

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Considering the facts and circumstances of this case, the nature of offence against petitioner and also in view of the custody of the petitioner, I am inclined to release the above-named petitioner, on bail. Accordingly, the petitioner named above, 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 learned Sessions Judge, Ramgarh in connection with Rajrappa P.S. Case No. 135 of 2023 corresponding to Session Trial No. 146 of 2023 subject to the conditions:

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(1). Petitioner shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the Learned Trial Court.

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(2). Petitioner shall not indulge in any or other similar offence till the conclusion of the trial.

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(3). Petitioner shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses.

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In case of violation of the aforesaid conditions, the bail of the petitioner shall be cancelled and shall be taken into custody by the Learned Trial Court.

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(Pradeep Kumar Srivastava, J.)

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Amar/-

Bhuneshwar Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bhuneshwar Mahto 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

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