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Rahul Kumar Tiwari Alias Vishal Kumar Alias Cheche v. the State of Jharkhand

Jharkhand HC14 Jun 2024B.A./2541/2024

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted bail to five petitioners accused of firing and using unauthorized arms in Bagbera P.S. Case No. 119 of 2023. The court ordered their release upon furnishing a bail bond with two sureties and conditional presence at trial.

What the court decided

AI extract

Rahul Kumar Tiwari Alias Vishal Kumar Alias Cheche Vs the… — Bail and Remand | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 2541 of 2024

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Rahul Kumar Tiwari @ Vishal Kumar @ Cheche @ Rahul Kumar Tiwary …… Petitioner

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Versus

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The State of Jharkhand ……Opposite party

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With

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B.A. No. 3008 of 2024

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Ronit Raj @ Ronit Raj Singh @ Ronny …… Petitioner

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Versus

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The State of Jharkhand

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……Opposite party

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B.A. No. 3350 of 2024

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Ranjit Kumar Mishra @ Dablu Mishra …… Petitioner

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Versus

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The State of Jharkhand ……Opposite party

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With

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B.A. No. 3889 of 2024

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Anurag Jaiswal @ Budha …… Petitioner

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Versus

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The State of Jharkhand ……Opposite party

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With

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B.A. No. 4053 of 2024

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Aman Pathak …… 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 PRADEEP KUMAR SRIVASTAVA

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For the Petitioners : Mr. Sumit Prakash, Advocate ( B.A. No. 2541 of 2024) Mr.Dilip Kr. Karmakar, Advoctae (B.A. No. 3008 of 2024) Mr. Vishal Kumar Trivedi, Advocate (B.A. No. 3350 of 2024) Mr. Rajan Kumar Tiwary, Advocate (B.A. No. 3889 of 2024) Mr. Jitesh Kumar, Advocate (B.A. No. 4053 of 2024) For the State : Mr. Abhay Kr. Tiwari, A.P.P. ( B.A. No. 2541 of 2024)

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Order No.05/ Dated:14.06.2024

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Heard learned counsel for the parties.

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The petitioners have been made an accused in connection with Bagbera P.S. Case No. 119 of 2023, registered for the offence under Section 307/ 34 of the Indian Penal Code and under Section 27 of Arms Act, pending in the court of learned Judicial Magistrate, 1^st Class, Jamshdpur.

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As per FIR, allegation is that while informant was on patrolling duty he received information that near Gandhinagar Shakha Maidan firing has taken place. Accordingly, for verification of the same the informant went to the place of occurrence and found that people are scared and running from one place to another. They disclosed that five boys were making firing aiming general public. From the place of occurrence, empty cartridge four numbers of .12 bore were recovered.

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Learned counsel for the petitioners has submitted that petitioners are innocent and have committed no offence at all as alleged in the FIR.The petitioners are languishing in Judicial custody since 18.10.2023 without any rhymes and reasons. Charge has been frame but not witnesses has been examined. Petitioners have been involved in this case only on the basis of suspicion but no firm arm injury has been alleged to the victim. There is general and omnibus allegation about firing in air, hence, Section 307 IPC has been added. Petitioners undertake to co-operate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the

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prosecution evidences or influencing the witnesses of prosecution, hence, the petitioners may be enlarged on bail.

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Learned A.P.P appearing on behalf of State has opposed the prayer for bail of the petitioners and submitted that there are sufficient materials against the petitioners showing their involvement in the present case, hence they do not deserve bail.

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Considering the facts and circumstances of the case and nature of allegation coupled with materials available against petitioners, 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. 25,000/-(Rupees Twenty Five Thousand) each with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1^st Class, Jamshdpur in connection with Bagbera P.S. Case No. 119 of 2023 subject to the conditions:-

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(1) Petitioners shall remain physically present on each and

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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) Petitioners shall not indulge in any or other similar offence

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till the conclusion of the trial.

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(3) Petitioners shall not indulge in tampering with the

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prosecution evidences or influencing the prosecution witnesses.

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In case of violation of the aforesaid condition the bail of the petitioners shall be cancelled and shall be taken into custody by the learned trial court itself.

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(Pradeep Kumar Srivastava, J.)

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R.K/

Rahul Kumar Tiwari Alias Vishal Kumar Alias Cheche v. the State of Jharkhand

Case brief

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What the court decided

Rahul Kumar Tiwari Alias Vishal Kumar Alias Cheche v. the State of Jharkhand

Case brief

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