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

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

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to surrender before the learned court within three weeks; on surrender/arrest, release on bail on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Dumka, subject to conditions under Section 438(2) CrPC.

Issue for consideration

Whether the petitioner, apprehending arrest in Shikaripara P.S. Case No. 32 of 2018 (G.R. No. 507 of 2018) for offences under Sections 188, 224, 353, 379/34 IPC, is entitled to anticipatory bail.

Court's answer

Anticipatory bail granted to the petitioner, who owns one of the trucks, in view of the co-accused having been granted anticipatory bail in A.B.A. No. 7107 of 2020 and other A.B.As. by the coordinate Bench and the attending facts and circumstances of the case.

Ratio / Principle

The petitioner is directed to surrender within three weeks; upon surrender/arrest he shall be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Dumka, subject to conditions under Section 438(2) CrPC.

Detailed headnote1 paragraphs

Anticipatory Bail — Petitioner apprehending arrest in Shikaripara P.S. Case No. 32 of 2018 (G.R. No. 507 of 2018) under Sections 188, 224, 353, 379/34 IPC, pending before Judicial Magistrate, 1st Class, Dumka — petitioner owner of one of the trucks allegedly involved; prosecution alleged illegal stone chips were transported — co-accused already granted anticipatory bail in A.B.A. No. 7107 of 2020 and other A.B.As. by the coordinate Bench — parity and attending circumstances — anticipatory bail granted: petitioner to surrender within three weeks; on surrender/arrest to be released on bail bonds of Rs. 25,000/- with two sureties of like amount each, subject to conditions under Section 438(2) CrPC. (Sanjay Kumar Dwivedi, J.; High Court of Jharkhand at Ranchi; 04.03.2024)

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 34 of 2024

Mithilesh Kumar ..... … Petitioner

Versus

The State of Jharkhand ..... … Opposite Party

CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

-----For the Petitioner : Mr. L.C. Roy, Advocate. For the State : Mr. S.K. Verma, A.P.P.

04/ 04.03.2024 Heard Mr. L.C. Roy, learned counsel for the petitioner and Mr. S.K. Verma, learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Shikaripara P.S. Case No. 32 of 2018 corresponding to G.R. No. 507 of 2018, for the alleged offences under Sections 188, 224, 353, 379/34 of the Indian Penal Code, pending in the court of learned Judicial Magistrate, 1^st Class, Dumka.

Learned counsel appearing for the petitioner submits that the petitioner is the owner of the one of the truck and the allegations are there that the trucks were parked in front of a line hotel and no document with regard to loaded chip has been produced. He submits that the other coaccused have already been provided the privilege of anticipatory bail in A.B.A. No. 7107 of 2020 and other A.B.As.

Learned A.P.P. for the State has opposed the prayer on the ground that illegal stone chips were being transported on the said trucks.

Considering that the petitioner is the owner of the one of the trucks and the other co-accused have been provided the privilege of anticipatory bail in A.B.A. No. 7107 of 2020 and other A.B.As. by the coordinate Bench and in view of the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, he is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1^st Class, Dumka, in connection with Shikaripara P.S. Case No. 32 of 2018 corresponding to G.R. No. 507 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar Dwivedi, J.)

Amitesh/-