Nando Dangi Alias Nando Mahto Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Nando Dangi Alias Nando Mahto Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: upon arrest or surrender before the court below within three weeks, release on bail on furnishing bail bond of Rs.20,000/- each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, Chatra, in connection with Mayurhand P.S. Case No.60 of 2023, subject to the conditions laid down under Section 438(2) of Cr.P.C.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners (Nando Dangi @ Nando Mahto and Anil Kumar Dangi), who are apprehending arrest in connection with Mayurhand P.S. Case No.60 of 2023 registered under Sections 447, 341, 342, 323, 307, 379, 504, 427, 34 IPC.

Court's answer

Having heard learned counsel for the parties and on consideration of the materials available on record, the court was inclined to enlarge both petitioners on anticipatory bail.

Ratio / Principle

Terms of the grant: in the event of 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 Judicial Magistrate 1st Class, Chatra, in connection with Mayurhand P.S. Case No.60 of 2023, subject to the conditions laid down under Section 438(2) of Cr.P.C.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — High Court of Jharkhand at Ranchi, A.B.A. No.3499 of 2024 (Rajesh Shankar, J., Order No.05 dated 12.07.2024): Petitioners Nando Dangi @ Nando Mahto and Anil Kumar Dangi, apprehending arrest in connection with Mayurhand P.S. Case No.60 of 2023 registered under Sections 447, 341, 342, 323, 307, 379, 504, 427, 34 of the Indian Penal Code, were enlarged on anticipatory bail. On arrest or surrender before the court below within three weeks, they are to be released on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, Chatra, subject to the conditions laid down under Section 438(2) of Cr.P.C.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3499 of 2024

Nando Dangi @ Nando Mahto 2. Anil Kumar Dangi .......... Petitioners. -VersusThe State of Jharkhand .......... Opp. Party. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioners : Mr. Nand Kumar Pandey, Advocate For the State : Mr. Nawin Kumar Singh, A.P.P. ----- Order No.05 Date: 12.07.2024

The petitioners are apprehending their arrest in connection with Mayurhand P.S. Case No.60 of 2023 registered under Sections 447, 341, 342, 323, 307, 379, 504, 427, 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. There is a case and counter case between the parties for the same occurrence. The entire narration of the incident made in the F.I.R. is concocted one. Even on perusal of the written report of the informant, it would be evident that there is general and omnibus allegation against all the accused persons including the petitioners. The petitioner no.1, aged about 74 years, is the father-in-law of the informant, whereas the petitioner no.2 is her nephew. There is no independent witness so as to corroborate the allegation made by the informant in the F.I.R. Both the petitioners have no criminal antecedent as has been stated in paragraph no.14 of the present anticipatory bail application. The petitioners,

however, undertake to co-operate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail.

Learned A.P.P. opposes the petitioners’ prayer for grant of anticipatory bail.

Having heard learned counsel for the parties and on consideration of the materials available on record, I am inclined to enlarge the petitioners on anticipatory bail. 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 Judicial Magistrate 1^st Class, Chatra in connection with Mayurhand P.S. Case No.60 of 2023 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Rajesh Shankar, J.)

Vikas

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