Mithun Bag Alias Mithun Bagh Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

Mithun Bag Alias Mithun Bagh Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: upon arrest/surrender within three weeks, petitioner to be released on bail on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Porahat at Chaibasa, in connection with Chakradharpur P.S. Case No. 31/2024, subject to the condition as laid down under Section 438(2) Cr.P.C.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest for offences punishable under Sections 420/468/34 of the Indian Penal Code and Section 7 of the Lottery (Regulation) Act, 1998 in connection with Chakradharpur P.S. Case No. 31/2024.

Court's answer

Having heard learned counsel for the parties, the court is inclined to enlarge the petitioner on anticipatory bail.

Ratio / Principle

Conditional grant: in the event of the petitioner's arrest/surrender within three weeks, he shall be released on bail on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Porahat at Chaibasa, in connection with Chakradharpur P.S. Case No. 31/2024, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory Bail — High Court of Jharkhand at Ranchi (Rajesh Shankar, J.) allowed the anticipatory bail application of Mithun Bag @ Mithun Bagh (A.B.A. No. 3808 of 2024), who apprehended arrest for offences punishable under Sections 420/468/34 of the Indian Penal Code and Section 7 of the Lottery (Regulation) Act, 1998 in connection with Chakradharpur P.S. Case No. 31/2024. In the event of arrest/surrender within three weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Porahat at Chaibasa, subject to the condition laid down under Section 438(2) Cr.P.C. Co-accused Md. Mohsin @ Md. Vicky @ Bicky and Md. Fahim @ Ribu had already been granted anticipatory bail by this Court vide orders dated 11.07.2024 and 16.07.2024 in A.B.A. No. 3815 of 2024 and A.B.A. No. 3834 of 2024 respectively; the petitioner also had a pending case, Chakradharpur P.S. Case No. 20 of 2023 (Sections 341/323/307/34 IPC), in which he had already been granted bail by the learned court below.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3808 of 2024

Mithun Bag @ Mithun Bagh ... … Petitioner

Versus

The State of Jharkhand ... … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

For the petitioner : Mr. Randhir Kr Vishwakarma, Adv. For the State : Ms. Sushma Aind, A.P.P. -----

05/19.07.2024 The petitioner is apprehending his arrest for the offences punishable under Sections 420/468/34 of the Indian Penal Code and Section 7 of the Lottery (Regulation) Act, 1998.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. Though there is one more criminal case being Chakradharpur P.S. Case No. 20 of 2023 is pending against the petitioner, however, the same is under Sections 341/323/307/34 of the Indian Penal Code in which he has already been granted bail by learned court below. Co-accused persons namely, Md. Mohsin @ Md. Vicky @ Bicky and Md. Fahim @ Ribu have already been granted anticipatory bail by this Court vide orders dated 11.07.2024 and 16.07.2024 passed in A.B.A. No. 3815 of 2024 and A.B.A. No. 3834 of 2024 respectively. The petitioner also undertakes to co-operate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

3. Learned A.P.P opposes the petitioner’s prayer for

anticipatory bail.

4. Having heard learned counsel for the parties, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly,

the petitioner above named, in the event of his arrest/surrender within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Porahat at Chaibasa in connection with Chakradharpur P.S. Case No. 31/2024, subject to the condition as laid down under Section 438(2) Cr.P.C.

(Rajesh Shankar, J.)

Manish