Devi Saw Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Devi Saw Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners to surrender within four weeks and be released on bail on furnishing bail bonds of Rs. 25,000/- each with two sureties of the like amount each, subject to conditions under section 438(2) CrPC.

Issue for consideration

Whether the petitioners, apprehending arrest in Hazaribag Barkathha P.S. Case No. 189 of 2023 (Sections 147/148/149/341/323/324/307/427/504/506 IPC), are entitled to anticipatory bail.

Court's answer

On consideration of the totality of facts and circumstances (case and counter case arising from a land dispute; injuries on both sides; injured persons already discharged from hospitals), the Court found it a fit case for grant of anticipatory bail to the petitioners.

Ratio / Principle

Petitioners directed to surrender before the court below within four weeks of receipt of a copy of the order, and on surrender to be released on bail on furnishing bail bonds of Rs. 25,000/- each with two sureties of the like amount each, to the satisfaction of learned JM 1st Class, Hazaribag, in connection with Hazaribag Barkathha P.S. Case No. 189 of 2023, subject to the conditions under section 438(2) CrPC.

Detailed headnote1 paragraphs

Anticipatory bail – Case and counter case arising from land dispute – Petitioners apprehend arrest in Hazaribag Barkathha P.S. Case No. 189 of 2023 (Sections 147/148/149/341/323/324/307/427/504/506 IPC), pending before JM 1st Class, Hazaribag – Co-accused Jhamni Devi had earlier lodged counter case (Barkathha P.S. Case No. 187 of 2023 dated 04.10.2023); quarrel between both sides with injuries on both sides – Injury report shows two injured suffered grievous and others simple injuries; injured already discharged from hospitals – Held a fit case for anticipatory bail – Petitioners to surrender within four weeks and be released on bail bonds of Rs. 25,000/- each with two sureties of the like amount, subject to section 438(2) CrPC conditions (Arun Kumar Rai, J.).

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 2772 of 2024

Devi Saw age age 63 years S/O Akal Saw

Kedar Saw aged about 34 years S/O Devi Saw

Deglal Saw age 43 years S/O Chintaman saw

Mahesh Saw age 38 years S/O Bhugal Saw All R/o Kewalu, Chechkaapi POBarkathha PS- Barkathha Dist- Hazaribag (Jharkhand

..… Petitioners

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

CORAM: HON’BLE MR. JUSTICE ARUN KUMAR RAI

--------For the Petitioners : Mr. Awanish Ranjan Mishra, Advocate For the State : Mrs. Nehala Sharmin, APP For the Informant : Mr. Awani Kant Prasad, Advocate

08/ 22^nd October, 2024

Petitioners are apprehending his arrest in connection with Hazaribag Barkathha P.S. Case No. 189 of 2023 for the offences registered under Sections 147/148/149/341/323/324/307/427/504/506 of the Indian Penal Code, pending in the court of learned JM 1^st Class, Hazaribag.

Submission has been made on behalf of petitioners that there is case and counter case between petitioners side and informant side on account of the incident which has arisen on account of land dispute. It further pointed out that one of the co-accused of the present case, namely, Jhamni Devi wife of Sanjay Saw has lodged counter case being Barkathha P.S. Case No. 187 of 2023 dated 04.10.2023 whereas in the present case FIR has been lodged two days after the incident of 04.10.2024 and Barkathha P.S. Case No. 189 of 2024 dated 06.10.2023 (present case) has been lodged. It has also been pointed out that there was some quarrel between both the sides and both the sides received injury.

The learned APP opposed the prayer of anticipatory bail of the petitioners and submitted that grievous injury has been received on the person of some of the injured. .

This Court perused the content of above stated both the FIRs and perused the injury report available on record by which it appears that two injured person received grievous injury and other person received simple injury on

their respective person but as said, they have already been discharge from hospitals.

5. Considering the totality of aforesaid facts and circumstances, this Court find it a fit case for grant of anticipator bail to the petitioner. Accordingly, petitioners, above named, are directed to surrender before the learned Court below within four weeks from the date of receipt of a copy of this order and the learned court below on their surrender, shall release them on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five thousand) each with two sureties of the like amount each, to the satisfaction of learned JM 1^st Class, Hazaribag in connection with Hazaribag Barkathha P.S. Case No. 189 of 2023 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arun Kumar Rai, J.)

Rajnish