Mangal Lohra Alias Mangal Tirkey Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Mangal Lohra Alias Mangal Tirkey Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-II, Gumla, in connection with S.T. Case No. 168 of 2021 arising out of Sursang P.S. Case No. 05 of 2021.

Issue for consideration

Whether the petitioner should be released on bail in S.T. Case No. 168 of 2021 arising out of Sursang P.S. Case No. 05 of 2021, having regard to the bail granted to the alleged main assailant co-accused Vikash Lohra @ Vikas Tirkey @ Vikki in B.A. No. 11590 of 2023, the petitioner's custody since 05.03.2021, and examination of several prosecution witnesses.

Court's answer

Parity: regard being had to the fact that Vikash Lohra @ Vikas Tirkey @ Vikki, against whom also there is specific allegation of committing assault upon the deceased, has been granted bail by this Court in B.A. No. 11590 of 2023, bail is granted to the petitioner.

Ratio / Principle

The petitioner is directed to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-II, Gumla, in connection with S.T. Case No. 168 of 2021 arising out of Sursang P.S. Case No. 05 of 2021.

Detailed headnote1 paragraphs

Bail granted — parity with co-accused: the alleged main assailant Vikash Lohra @ Vikas Tirkey @ Vikki, said to have assaulted the deceased on his head with a Tangi, had already been granted bail by the High Court in B.A. No. 11590 of 2023; the postmortem report revealed the assault was committed with a hard and blunt substance; the petitioner, in custody since 05.03.2021 in S.T. Case No. 168 of 2021 (Sursang P.S. Case No. 05 of 2021), with several prosecution witnesses examined and an earlier bail prayer rejected in B.A. No. 11494 of 2021, was directed to be released on bail on a bond of Rs.10,000/- with two like sureties to the satisfaction of the learned Additional Sessions Judge-II, Gumla. (Rongon Mukhopadhyay, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 4234 of 2024 Mangal Lohra @ Mangal Tirkey ... Petitioner Versus The State of Jharkhand … Opposite Party ---

CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY

--For the Petitioner : Mr. A. K. Chaturvedi, Advocate For the State : Mr. Naveen Kr. Ganjhu, A.P.P. --- Order No. 09 Dated 13^th August, 2024

Heard the learned counsel appearing for the respective parties.

The prayer for bail of the petitioner was earlier rejected in B.A. No. 11494 of 2021.

The petitioner is an accused in connection with S.T. Case No. 168 of 2021 arising out of Sursang P.S. Case No. 05 of 2021.

Submission has been advanced by the learned counsel for the petitioner that one of the main assailant Vikash Lohra @ Vikas Tirkey @ Vikki who was said to have assaulted the deceased on his head with a Tangi has been granted bail by this Court in B.A. No. 11590 of 2023. Learned counsel further submits that though the postmortem report reveals that the assault was committed with a hard and blunt substance, but it seems that it was to the blunt portion of the Tangi by which the assault was committed by Vikash Lohra. Learned counsel adds that the petitioner is in custody since 05.03.2021. It has further been submitted that several of the witnesses have been examined by the prosecution.

Learned APP has opposed the prayer for bail of the petitioner.

Regard being had to the fact that Vikash Lohra @ Vikas Tirkey @ Vikki against whom also there is specific allegation of committing assault upon the deceased, has been granted bail by this Court in B.A. No. 11590 of 2023, the petitioner is also directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Gumla in connection with S.T. Case No. 168 of 2021 arising out of Sursang P.S. Case No. 05 of 2021.

(RONGON MUKHOPADHYAY,J.)

MK