Allowed

Krishna Murari Tirky v. the State of Jharkhand

Jharkhand HC14 Oct 2024A.B.A./3093/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by a former Circle Officer accused in a complaint case under cheating and forgery provisions of the IPC. The court noted a co-accused had already been granted similar relief and that evidence lay with the complainant, then granted anticipatory bail.

What did the court decide?

Petitioner directed to surrender within four weeks; on arrest or surrender, to be enlarged on bail on Rs. 25,000 bond with two sureties of like amount before J.M. 1st Class, Chatra.

Krishna Murari Tirky Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

¶1

THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3093 of 2024

¶2

-----

¶3

Krishna Murari Tirky, age about 44 years, S/o Late Sri Lakhan Oraon, R/o Vill. – Satbarwa, P.S. – Satbarwa, P.O. – Satbarwa, District – Palamau, Jharkhand … … … Petitioner Versus

¶4

The State of Jharkhand

¶5

Chandrapal Pathak, age 53 years, S/o Chedi Pathak, R/o Gram – Kallu, P.S. Sadar, P.O. Chatra, District – Chatra, Jharkhand

¶6

… … … Opp. Parties

¶7

¶8

CORAM: HON’BLE MR. JUSTICE ARUN KUMAR RAI

¶9

------For the Petitioner : Mr. Asif Khan, Advocate : Md. Zubair Khan, Advocate For the State : Mr. Anup Pawan Topno, A.P.P. For the Complainant : Mr. Jeetendra Kumar Mishra, Advocate ------

¶10

Order No. 08 / Dated 14^th October, 2024

¶11

Apprehending his arrest in connection with Complaint Case No. 770 of 2021 instituted for the offence under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

¶12

Heard Mr. Asif Khan, learned counsel appearing on behalf of the petitioner, Mr. Anup Pawan Topno, learned A.P.P. for the State as well as Mr. Jeetendra Kumar Mishra, learned counsel appearing for the Complainant.

¶13

Learned counsel for the petitioner, at the outset, submitted that co-accused namely Rajesh Thakur @ Rajeshwar Thakur has already been admitted to anticipatory bail by the Co-ordinate Bench of this Court in A.B.A. No. 308 of 2024 vide order dated 26.04.2024.

¶14

It has also been pointed out by the learned counsel for the petitioner that petitioner was posted as Circle Officer and in that capacity he has been made one of the accused in the above Complaint Case No. 770 of 2021. Further learned counsel undertakes on behalf of the petitioner that petitioner shall not protract the trial.

¶15

Learned A.P.P. appearing on behalf of the State and learned counsel appearing for the complainant opposed the prayer of anticipatory bail.

¶16

This Court perused the order dated 26.04.2024 passed in A.B.A. No. 308 of 2024 in which other co-accused namely Rajesh Thakur @ Rajeshwar Thakur has already been admitted to anticipatory bail.

¶17

Considering the nature of offence and also the fact that it is a complaint case and all the materials/evidences are lying in the hand of complainant so there is no possibility of tampering with the evidence and as the petitioner is a government servant, therefore, there is no possibility of his fleeing away from the justice, in aforesaid circumstances, this Court finds it is fit case of anticipatory bail and accordingly, the petitioner, above named, is directed to surrender in the learned court within four weeks from today and in the event of his arrest or surrender, he will be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1^st Class, Chatra, in connection with Complaint Case No. 770 of 2021.

¶18

(Arun Kumar Rai, J.)

¶19

Umesh/-

Krishna Murari Tirky v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Krishna Murari Tirky v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Deepak Kumar Mandal Alias Deepak Mandal Vs the State of Jharkhand

Johra Begam Vs the State of Jharkhand

Golu Kumar Paswan Alias Nitish Kumar Paswan Vs the State of Jharkhand

Mithilesh Kumar Jaiswal Vs the State of Jharkhand

Shiblal Bauri Vs the State of Jharkhand

Rustam Ansari Vs the State of Jharkhand