Parshuram Yadav Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Parshuram Yadav Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner directed to surrender before the learned court within three weeks; on surrender/arrest, to be released on bail bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, First Class, Dhanbad, in connection with Jorapokhar P.S. Case No.187 of 2023, subject to conditions under section 438(2) CrPC.

Issue for consideration

Whether the petitioner, apprehending arrest in Jorapokhar P.S. Case No.187 of 2023 (sections 379 IPC), should be granted anticipatory bail. +1 more

Court's answer

On examining the Sessions Judge's order and the order in A.B.A. No.174 of 2024, the Court found the vehicle owner had taken two contrary stands before the learned Sessions Judge and thereafter a further stand before this Court, and on that basis inclined to grant anticipatory bail to the petitioner.

Ratio / Principle

Notwithstanding the earlier rejection of the petitioner's anticipatory bail application, the Court granted the privilege of anticipatory bail in view of the circumstances stated (contrary stands of the vehicle owner; bail earlier extended to co-accused Gopi Paswan).

Key takeaways

The petitioner was directed to surrender before the learned court within three weeks, and on surrender/arrest to be released on a bail bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, First Class, Dhanbad, in connection with Jorapokhar P.S. Case No.187 of 2023, subject to the conditions under section 438(2) of the Code of Criminal Procedure.ratio¶¶13

Detailed headnote1 paragraphs

Anticipatory bail granted (Sanjay Kumar Dwivedi, J.) — Parshuram Yadav @ Parsuram Yadav, apprehending arrest in Jorapokhar P.S. Case No.187 of 2023 under sections 379 of the IPC, pending before the learned Judicial Magistrate, First Class, Dhanbad. His earlier A.B.A. (No.10897 of 2023) had been rejected by order dated 26.02.2024, but the grant rested on subsequent developments: co-accused Gopi Paswan had been granted anticipatory bail in A.B.A. No.922 of 2024 vide order dated 14.3.2024, and examination of the learned Sessions Judge's order and the order in A.B.A. No.174 of 2024 showed the vehicle owner taking two contrary stands before the learned Sessions Judge and a further stand before this Court. Petitioner directed to surrender within three weeks; on surrender/arrest to be released on bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, subject to conditions laid down under section 438(2) of the Code of Criminal Procedure. Decided 05.07.2024.

IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 2687 of 2024

----

Parshuram Yadav @ Parsuram Yadav .... Petitioner

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

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner :- Mr. Rishav Kumar, Advocate For the State :- Mr. S.D. Munda, Advocate

---2 /05.07.2024 Heard the learned counsel for the petitioner as well as the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Jorapokhar P.S. Case No.187 of 2023, for the offence registered under sections 379 of the IPC, pending in the court of learned Judicial Magistrate, First Class, Dhanbad.

Learned counsel for the petitioner submits that earlier A.B.A of this petitioner was rejected by order dated 26.02.2024 in A.B.A. No.10897 of 2023. He submits that subsequently one Gopi Paswan who is co-accused has been granted anticipatory bail by this Court in A.B.A. No.922 of 2024 vide order dated 14.3.2024 as Sanjay Agarwal who is owner of the vehicle in question has stated that he has handed over the vehicle to one Vikram Singh and stand was taken by the owner of the vehicle before the learned court that vehicle was handed over to Gopi Paswan and Gopi Paswan has been provided privilege of anticipatory bail in A.B.A. No.922 of 2024.

Learned State counsel opposed the prayer on the ground that earlier anticipatory bail of the appellant was rejected by this Court.

Looking to the contents of the order of the learned Sessions Judge and the order passed in A.B.A. No.174 of 2024, it transpires that owner of the vehicle has taken two contrary stands before the learned Sessions Judge and thereafter he moved anticipatory bail before this Court in which another stand has been taken, in view of that, I am inclined to grant privilege of anticipatory bail to the appellant.

Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, First Class, Dhanbad, in connection with Jorapokhar P.S. Case No.187 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

( Sanjay Kumar Dwivedi, J.)

SI/