Arun Prasad Alias Arun Sao Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Arun Prasad Alias Arun Sao Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Privilege of anticipatory bail extended to the petitioner: surrender within three weeks; on arrest or surrender, enlargement on bail on furnishing a bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Palamau at Daltonganj, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, in connection with Chhattarpur P.S. Case No. 193/2023.

Issue for consideration

Whether the privilege of anticipatory bail should be extended to the petitioner, who is apprehending his arrest in connection with Chhattarpur P.S. Case No.193/2023.

Court's answer

On the attending facts and circumstances — including the simple nature of the injury noted in the impugned order and the disclosure of no criminal antecedent in paragraph 12 of the application — the petitioner is granted the privilege of anticipatory bail.

Ratio / Principle

The petitioner is directed to surrender before the learned court within three weeks; upon arrest or surrender he is to be enlarged on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, 1st Class, Palamau at Daltonganj, subject to the conditions under Section 438(2) of the Code of Criminal Procedure, in connection with Chhattarpur P.S. Case No. 193/2023.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED. High Court of Jharkhand at Ranchi, A.B.A. No. 232 of 2024, Sanjay Kumar Dwivedi (J.), decision dated 12.03.2024: the petitioner, apprehending arrest in connection with Chhattarpur P.S. Case No.193/2023 — alleged offences under Sections 341, 323, 324, 326, 307, 354, 504, 506 and 34 of the Indian Penal Code, pending before the Judicial Magistrate, 1st Class, Palamau at Daltonganj — is extended the privilege of anticipatory bail. Considerations noted: the injury is recorded as simple in the impugned order; the petitioner is stated to have no criminal antecedent (disclosed in paragraph 12 of the application); State counsel opposed on the footing that allegations exist. Terms imposed: surrender within three weeks; on arrest or surrender, enlargement on bail on furnishing a bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, 1st Class, Palamau at Daltonganj, subject to the conditions under Section 438(2) of the Code of Criminal Procedure.

1 A.B.A. No. 232 of 2024

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 232 of 2024

Arun Prasad @ Arun Sao … Petitioner

-Versus-

The State of Jharkhand … Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner : Mr. Manoj Kumar No.2, Advocate For the State : Mr. Azeemuddin, A.P.P.

02/12.03.2024 Heard Mr. Manoj Kumar No.2, learned counsel for the petitioner and

Mr. Azeemuddin, learned counsel for the State.

The petitioner is apprehending his arrest in connection with Chhattarpur P.S. Case No.193/2023, registered for the alleged offence under Sections 341, 323, 324, 326, 307, 354, 504, 506 and 34 of the Indian Penal Code, pending in the Court of the learned Judicial Magistrate, 1^st Class, Palamau at Daltonganj.

Learned counsel for the petitioner submits that there is altercation between the parties and the injury is minor in nature, which has also come in the order passed by the learned Sessions Judge. He further submits that the petitioner is having no criminal antecedent, as has been disclosed in paragraph 12 of this application.

Learned counsel for the State opposed the prayer on the ground that the allegations are there.

In the impugned order, it has come that the injury is simple in nature and in paragraph 12 of this application, it has been disclosed that the petitioner is having no criminal antecedent.

In the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the

2 A.B.A. No. 232 of 2024

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, 1^st Class, Palamau at Daltonganj in connection with Chhattarpur P.S. Case No. 193/2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar Dwivedi, J.)

Ajay/