Allowed¶13

Sumit Sardar v. the State of Jharkhand

Jharkhand HC14 May 2024A.B.A./25/2024

Case brief

AI extract

What is this about?

Jharkhand High Court anticipatory bail allowed; A.B.A. No. 25 of 2024; Justice Sanjay Kumar Dwivedi; decision dated 14.05.2024; petitioners Sumit Sardar, Babua Sardar @ Babuaa Sardar, Ratan Sardar; Pakur Town P.S. Case No.45 of 2023; IPC sections 147, 148, 149, 341, 323, 354, 379, 504, 506; ground: case and counter case between parties after scuffle during celebration; surrender within three weeks; bail bond Rs.25,000/- each with two like sureties; conditions under section 438(2) Code of Criminal Procedure.

What did the court decide?

Privilege of anticipatory bail: petitioners to surrender within three weeks; on surrender/arrest, release on bail on furnishing bail bond of Rs.25,000/- each with two sureties of like amount each, to the satisfaction of learned Chief Judicial Magistrate, Pakur, subject to conditions under section 438(2) CrPC.

Sumit Sardar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

¶13

Issue for consideration

Whether the petitioners, who are apprehending arrest in connection with Pakur Town P.S. Case No.45 of 2023 (sections 147, 148, 149, 341, 323, 354, 379, 504, 506 IPC), are entitled to the privilege of anticipatory bail.

¶10

Court's answer

Since there are case and counter case between the parties, and in the attending facts and circumstances, the Court is inclined to extend the privilege of anticipatory bail to the petitioners.

¶12

Ratio / Principle

Petitioners directed to surrender before the learned court within three weeks; on surrender/arrest they are to be released on bail on furnishing bail bond of Rs.25,000/- each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Pakur, subject to conditions under section 438(2) CrPC.

¶13

Detailed headnote1 paragraphs

Anticipatory Bail — Granted (A.B.A. No. 25 of 2024, High Court of Jharkhand, Sanjay Kumar Dwivedi, J., 14.05.2024). Petitioners Sumit Sardar, Babua Sardar @ Babuaa Sardar and Ratan Sardar apprehended arrest in Pakur Town P.S. Case No.45 of 2023 for offences under sections 147, 148, 149, 341, 323, 354, 379, 504, 506 IPC, pending before the learned Chief Judicial Magistrate, Pakur. Counsel submitted that both sides lodged cross-cases after a scuffle during a holy celebration and that the nature of injury did not figure in the order of the learned Sessions Judge; State opposed. Holding that there were case and counter case between the parties, the Court, in the attending facts and circumstances, extended the privilege of anticipatory bail: petitioners to surrender within three weeks, and on surrender/arrest to be released on bail bond of Rs.25,000/- each with two like sureties, subject to conditions under section 438(2) CrPC.

¶1

IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 25 of 2024

¶2

----

¶3

1.Sumit Sardar 2.Babua Sardar @ Babuaa Sardar

¶4

3.Ratan Sardar .... Petitioners

¶5

-- Versus -- The State of Jharkhand .... Opposite Party

¶6

¶7

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

¶8

For the Petitioner :- Md. Yasir Arafat, Advocate For the State :- Mr. Anup Pawan Topno, Advocate

¶9

¶10

/14.05.2024 Heard the learned counsel for the petitioners as well as the learned counsel for the State. 2. The petitioners are apprehending their arrest in connection with Pakur Town P.S. Case No.45 of 2023, for the offence registered under sections 147, 148, 149, 341, 323, 354, 379, 504, 506 of the IPC, pending in the court of learned Chief Judicial Magistrate, Pakur.

¶11

¶12

Learned counsel for the petitioners submits that there are case and counter case between the parties. He submits that in holy celebration scuffle took place between both the sides and both the sides have lodged the case. He further submits that the nature of injury has not come in the order of the learned Sessions Judge. 4. Learned State counsel opposed the prayer on the ground that the allegations are there. 5. Considering that there are case and counter case between the parties, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioners.

¶13

Accordingly, the petitioners, above named, are hereby directed to surrender before the learned court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Pakur, in connection with Pakur Town P.S. Case No.45 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

¶14

( Sanjay Kumar Dwivedi, J.)

¶15

SI/

Sumit Sardar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sumit Sardar 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

Panchami Ram Vs the State of Jharkhand

Ravi Kumar Arya Vs the State of Jharkhand

Sahewan Bhuiyan Vs the State of Jharkhand

Premlal Grihi Vs the State of Jharkhand

Ajay Mahato Vs the State of Jharkhand

Anup Das Vs the State of Jharkhand