Allowed¶15

Pankaj Kumar v. the State of Jharkhand

Jharkhand HC16 Apr 2024A.B.A./353/2024

Case brief

AI extract

What is this about?

Anticipatory bail granted by High Court of Jharkhand (Sanjay Kumar Dwivedi, J.) on 16.04.2024 in A.B.A. No. 353 of 2024 for Pankaj Kumar Sao, apprehending arrest in Tandwa P.S. Case No.90 of 2018 / G.R. No.823 of 2018 (Section 17(i)(ii), Criminal Law Amendment Act), pending before CJM Chatra. Parity with co-accused granted bail in A.B.A. Nos. 260, 397, 844 of 2024; name surfaced via confessional statement of named accused. Surrender within three weeks; bail bond Rs.25,000 with two sureties; S.438(2) CrPC conditions apply.

What did the court decide?

Anticipatory bail granted: petitioner to surrender within three weeks; on surrender/arrest, release on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, subject to section 438(2) Code of Criminal Procedure conditions. ¶15

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail (privilege of anticipatory bail) should be granted to the petitioner apprehending arrest in connection with Tandwa P.S. Case No.90 of 2018 (G.R. No.823 of 2018).

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Court's answer

Considering that the co-accused have been provided privilege of anticipatory bail and the petitioner's name has come on the confessional statement of the named accused, the court was inclined, in the attending facts and circumstances, to provide privilege of anticipatory bail to the petitioner.

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Ratio / Principle

The petitioner was directed to surrender before the learned court within three weeks, and in the event of his surrender/arrest he is to be released on bail.

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Key takeaways

Release on bail is conditioned on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Chatra, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.ratio¶15

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi (Sanjay Kumar Dwivedi, J.) allowed A.B.A. No. 353 of 2024, granting anticipatory bail to Pankaj Kumar Sao apprehending arrest in Tandwa P.S. Case No.90 of 2018 (G.R. No.823 of 2018), offence under Section 17(i)(ii) of Criminal Law Amendment Act, pending before the learned Chief Judicial Magistrate, Chatra. Grounds: petitioner not named in the FIR, his name having emerged only on the confessional statement of the named accused, and co-accused already granted anticipatory bail in A.B.A. Nos. 260, 397 and 844 of 2024; the State's objection that investigation was ongoing did not prevail. Petitioner directed to surrender within three weeks; on surrender/arrest to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, subject to section 438(2) Code of Criminal Procedure conditions.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 353 of 2024

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Pankaj Kumar Sao … Petitioner

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-Versus-

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The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Amit Kumar Choubey, Advocate For the State : Mr. Suraj Deo Munda, A.P.P.

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05/16.04.2024 Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is apprehending his arrest in connection with Tandwa P.S. Case No.90 of 2018, corresponding to G.R. No.823 of 2018, for the offence registered under Section 17(i)(ii) of Criminal Law Amendment Act, pending in the Court of learned Chief Judicial Magistrate, Chatra.

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Learned counsel for the petitioner submits that the petitioner is not named in the FIR and he is ready to cooperate in the investigation. He submits that only on the confessional statement of the named accused the name of the petitioner has come and now in identical situation, co-accused have been provided privilege of anticipatory bail in A.B.A. Nos.260 of 2024,

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397 of 2024 and 844 of 2024.

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Learned counsel for the State opposed the prayer on the ground that the investigation is still going on.

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Considering that the co-accused have been provided privilege of anticipatory bail and the name of the petitioner has come on the confessional statement of the named accused, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to

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-1- A.B.A. No. 353 of 2024

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the petitioner.

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Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Chatra, in connection with Tandwa P.S.Case No.90 of 2018, corresponding to G.R. No.823 of 2018, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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(Sanjay Kumar Dwivedi, J.)

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Ajay/

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-2-

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A.B.A. No. 353 of 2024

Pankaj Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Pankaj Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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What the court decided

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