Shiv Kumar Bharti Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Shiv Kumar Bharti Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Shiv Kumar Bharti, Rakesh Kumar @ Rakesh Kumar Yadav @ Rakesh Yadav and Chandradev Yadav: release upon arrest/surrender within three weeks, on bail bond of Rs.20,000/- each with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Chatra, in connection with Hunterganj P.S. Case No. 25/2024, subject to the condition laid down under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioners, apprehending arrest for offences punishable under Sections 120-B/183/186/212/216/224/225/341/342/353/504/506/34 of the Indian Penal Code in connection with Hunterganj P.S. Case No. 25/2024, are entitled to be enlarged on anticipatory bail.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the Court is inclined to enlarge the petitioners on anticipatory bail.

Ratio / Principle

In the event of their arrest/surrender within three weeks, each petitioner is to be released 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 Judicial Magistrate, 1st Class, Chatra, in connection with Hunterganj P.S. Case No. 25/2024, subject to the condition laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

A.B.A. No. 3341 of 2024, High Court of Jharkhand at Ranchi (Rajesh Shankar, J.), dated 02/09.07.2024 — Anticipatory bail granted to Shiv Kumar Bharti, Rakesh Kumar @ Rakesh Kumar Yadav @ Rakesh Yadav and Chandradev Yadav, apprehending arrest for offences punishable under Sections 120-B/183/186/212/216/224/225/341/342/353/504/506/34 of the Indian Penal Code in connection with Hunterganj P.S. Case No. 25/2024. Learned counsel submitted that the petitioners were falsely implicated; that they are family members of Rajesh Yadav, arrested in connection with Hunterganj P.S. Case No. 178/2023 and Hunterganj P.S. Case No. 21/2024; that allegations of assaulting the police party come to arrest Rajesh Yadav are false; that no injury was caused to any member of the police party; and that the petitioners have no criminal antecedent. The A.P.P. opposed the prayer. Having heard both sides and considering the facts and circumstances, the Court directed that in the event of arrest/surrender within three weeks the petitioners be released on bail bond of Rs.20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Chatra, subject to the condition laid down under Section 438(2) Cr.P.C. Application allowed.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3341 of 2024

Shiv Kumar Bharti

Rakesh Kumar @ Rakesh Kumar Yadav @ Rakesh Yadav

Chandradev Yadav … … Petitioners Versus The State of Jharkhand ... … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : Mr. Binod Kumar Dubey, Advocate Mr. Arvind Prajapati, Advocate For the State : Mrs. Amrita Kumari, A.P.P.

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02/09.07.2024

Heard the learned counsel for the parties.

The petitioners are apprehending their arrest for the offences punishable under Sections 120-B/183/186/212/216/224/ 225/341/342/353/504/506/34 of the Indian Penal Code.

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. The story made out by the informant in the written report is a concocted one. The petitioners are the family members of Rajesh Yadav, who was arrested by the police in connection with Hunterganj P.S. Case No. 178/2023 and Hunterganj P.S. Case No. 21/2024. The petitioners are law abiding citizens and the allegations made against them that they have assaulted the police party while they had come to their house to arrest Rajesh Yadav, is completely false. Moreover, no injury was caused to any member of the police party. The petitioners have no criminal antecedent as stated in paragraph no. 12 of the present application. Hence, the petitioners may be given the privilege of anticipatory bail.

Learned A.P.P. opposes the petitioners’ prayer for

anticipatory bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners above named, in the event of their arrest/surrender 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 Judicial Magistrate, 1^st Class, Chatra in connection with Hunterganj P.S. Case No. 25/2024, subject to the condition as laid down under Section 438(2) Cr.P.C.

(Rajesh Shankar, J.)

Manish