Rahul Kumar Pandey Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Rahul Kumar Pandey Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Both bail applications disposed of by common order; petitioners Rahul Kumar Pandey and Ranjeet Kumar Mehta directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of learned C.J.M., Koderma, in connection with Domchanch P.S. Case No. 02 of 2024.

Issue for consideration

Whether bail should be granted to petitioners Rahul Kumar Pandey and Ranjeet Kumar Mehta, accused in Domchanch P.S. Case No. 02 of 2024 (Section 395 IPC robbery of Rs.3,93,700/-), in view of the absence of T.I. parade / FIR identification, counsel's submissions that the recovered sums were personal money, the absence of marks on the looted notes, and the earlier bail granted by this Court to co-accused Roshan Kumar Yadav.

Court's answer

The notes looted from the informant bore no marks showing that the money recovered from the possession of the petitioners belonged to the informant (i.e., the recovered cash could not be tied to the looted amount).

Ratio / Principle

Co-accused Roshan Kumar Yadav, from whose possession Rs.13,100/- had been recovered, had already been granted bail by this Court.

Key takeaways

Considering the aforesaid facts, the petitioners were inclined to be released on bail, and were accordingly directed to be released on furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of learned C.J.M., Koderma.ratio¶17

Detailed headnote1 paragraphs

Bail Applications – Criminal Bail Granted – Robbery (S. 395 IPC) – Identification Deficiencies. B.A. Nos. 2329 and 2552 of 2024 (Jharkhand HC, Ranchi), arising out of the same police case, Domchanch P.S. Case No. 02 of 2024 (offence under Section 395 of the Indian Penal Code, pending before learned C.J.M., Koderma), disposed of by common order dated 14.05.2024 granting bail to petitioners Rahul Kumar Pandey and Ranjeet Kumar Mehta. Incident: on 03.01.2024 at about 7:50 pm, 6 to 7 unknown persons intercepted the informant and his associates near Ambadaha Ghati while they were returning to their Domchanch office after collecting money from customers, and looted Rs.3,93,700/-. Counsel submitted that Pandey was neither arrested at the spot nor put on T.I. Parade (Rs. 14,000/- recovered from him being his personal money) and that Mehta was neither named in the F.I.R. nor put on T.I. Parade (Rs. 40,000/- recovered from him being his personal money). The Hon'ble Court (Justice Ambuj Nath) itself observed that there were no marks on the looted notes linking the money recovered from the petitioners to the informant, and that co-accused Roshan Kumar Yadav, from whom Rs.13,100/- was recovered, had already been granted bail by this Court; on these considerations the petitioners were directed to be released on bail against a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of learned C.J.M., Koderma.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2329 of 2024

Rahul Kumar Pandey … … Petitioner -Versus - The State of Jharkhand ... … Opposite Party With B.A. No. 2552 of 2024 Ranjeet Kumar Mehta … … Petitioner -Versus - The State of Jharkhand ... … Opposite Party

CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

----For the Petitioners : Mr. Pramod Kumar, Advocate : Mrs. Nivedita Kundu, Advocate For the State : Mrs. Mohua Palit, A.P.P. : Mrs. Kumari Rashmi, A.P.P.

03/14.05.2024

Both these Bail Applications arise out of the same police case. Accordingly, both these applications are disposed of by a common order.

Heard the parties

The petitioners have been made accused in connection with Domchanch P.S. Case No. 02 of 2024, for the offence registered under Section 395 of the Indian Penal Code, pending in the Court of learned C.J.M., Koderma.

On 03.01.2024 at about 7:50 pm, the informant alongwith his associates were returning to their office at Domchanch after collecting money from their customers. When they reached near Ambadaha Ghati, 6 to 7 unknown persons intercepted them and looted Rs.3,93,700/- from them.

It was submitted that the petitioner Rahul Kumar Pandey was neither arrested at this spot nor he was put on T.I Parade. It was further submitted that Rs. 14,000/- was recovered from his possession which was his personal money.

As far as petitioner Ranjeet Kumar Mehta is concerned, he was neither named in the F.I.R. nor was he put on T.I. Parade. Rs. 40,000/- was recovered from his possession which was his personal money.

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It appears that there was no marks on the notes which were looted from the informant to show that the money so recovered from the possession of the petitioners belonged to him.

It appears that Roshan Kumar Yadav from whom Rs.13,100/- was recovered has been granted bail by this Court earlier.

Considering the aforesaid facts, I am inclined to release the petitioners, on bail. Accordingly, the petitioners, named above, are directed to be released on bail on furnishing bail bond of Rs. 20,000/(Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of learned C.J.M., Koderma in connection with Domchanch P.S. Case No. 02 of 2024.

(Ambuj Nath, J.)

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