Ramlal Bhuian Alias Ramlal Bhuiyan Vs the State of… — Anticipatory Bail | Jharkhand HC (2024)

Ramlal Bhuian Alias Ramlal Bhuiyan Vs the State of… — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all three petitioners: release upon arrest or surrender before the court below within three weeks, on a bail bond of Rs.20,000/- each with two sureties of the like amount each, before the learned Sub-Divisional Judicial Magistrate, Palamau at Daltonganj, subject to Section 482(2) BNSS 2023 conditions.

Issue for consideration

Whether the petitioners, who are apprehending arrest in connection with Manatu P.S. Case No.9 of 2023, should be enlarged on anticipatory bail. +1 more

Court's answer

After hearing learned counsel for the parties and considering the materials available on record, the Court was inclined to enlarge the petitioners on anticipatory bail.

Ratio / Principle

In the event of their arrest or surrender before the court below within three weeks, the petitioners shall be released on bail on furnishing a bail bond of Rs.20,000/- each with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Palamau at Daltonganj, in connection with Manatu P.S. Case No.9 of 2023, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted (A.B.A. No.3252 of 2024, decided 18.09.2024 by Rajesh Shankar, J., High Court of Jharkhand at Ranchi). Three brothers — Ramlal, Shyamlal and Sitaram Bhuian (@ Bhuiyan), sons of Late Baijnath Bhuiyan of village Madheya, P.S. Manatu, District Palamau — apprehended arrest in Manatu P.S. Case No.9 of 2023 (IPC 1860, Ss.147/148/149/341/323/325/307/504), concerning an alleged lathi-and-rod assault in which, per the reported allegation, Fayaz Ansari sustained a grievous head injury. Counsel urged that the written report contained no specific allegation against any petitioner, that a case and counter case existed for the same occurrence, and that a suit over the land in question was pending; the A.P.P., while opposing, referred to the case diary to submit that investigation could not identify which petitioner inflicted the head injury. Considering the materials on record, the Court enlarged the petitioners on anticipatory bail: surrender/arrest within three weeks, release on a bail bond of Rs.20,000/- each with two sureties of the like amount each before the learned SDJM, Palamau at Daltonganj, subject to S.482(2) BNSS 2023 conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No.3252 of 2024

Ramlal Bhuian @ Ramlal Bhuiyan

Shyamlal Bhuian @ Shyamlal Bhuiyan

Sitaram Bhuian @ Sitaram Bhuiyan All S/o of Late Baijnath Bhuiyan, All R/o village-Madheya, P.O.-Padma, P.S.-Manatu, District-Palamau.

.......... Petitioners.

-VersusThe State of Jharkhand .......... Opp. Party. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioners : Mr. Manoj Kr. No.2, Advocate For the State : Mr. Satish Kumar Keshri, A.P.P. ----- Order No.05 Date: 18.09.2024

The petitioners are apprehending their arrest in connection with Manatu P.S. Case No.9 of 2023 registered for the offences punishable under Sections 147/148/149/341/323 /325/307/504 of the Indian Penal Code, 1860.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the F.I.R. As per the allegation, all the petitioners assaulted the father of the informant-Fayaz Ansari and his maternal uncle-Nayum Ansari by means of lathi and rod due to which they got injured out of which the injuries caused on the head of Fayaz Ansari was found grievous in nature. However, it appears from the written report that there is no specific allegation against any of the petitioners. Hence, the injury sustained by Fayaz Ansari cannot be attributed to the petitioners. There is a case and counter case between the parties for the same occurrence. There

is also a suit pending between them with respect to the land in question. Hence, they may be given the privilege of anticipatory bail.

Learned A.P.P. though opposes the petitioners’ prayer for grant of anticipatory bail, however, while referring to the case diary submits that during the investigation it could not be found as to who among these petitioners had inflicted the injury on the head of Fayaz Ansari.

Having heard learned counsel for the parties and considering the materials available on record, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners, above named, in the event of their arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Palamau at Daltonganj in connection with Manatu P.S. Case No.9 of 2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rajesh Shankar, J.)

Arpit/

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A.B.A. No.3252 of 2024