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Binod Kumar Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

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Jharkhand HC
2024
Binod Kumar Vs the State of JharkhandBinod Kumar v. the State of Jharkhand

Allowed¶6

Binod Kumar v. the State of Jharkhand

Jharkhand HC8 May 2024B.A./424/2024

Case brief

AI extract

What is this about?

Jharkhand HC bail order dated 08.05.2024, B.A No. 424 of 2024, Justice Ambuj Nath; petitioner Binod Kumar versus State of Jharkhand (Mohit Prakash for petitioner; Bishambhar Shastri, A.P.P., for O.P-State). Petitioner accused in Nagri P.S. Case No. 135 of 2023 (IPC sections 147, 148, 149, 427, 436, 353, 504, 506, 341, 342, 323, 186) before JM 1st Class Samer Afsan, Ranchi. Incident 26.07.2023 at Daladali Chowk: murder of Subhash Munda; mob of 100-200 vandalized and set ablaze the liquor shop of Satyendra Kumar Rajak (Informant of parallel Nagri P.S. Case No. 134 of 2023); cash Rs, 1,52,300/- burnt, liquor worth Rs. 54,68,020 destroyed, loss cited as Rs. 54.00 lakhs; co-accused Pradeep Uraon specifically alleged to have set the shop on fire; FIRs instituted by the shop owner and by the Circle Officer, Nagri. Stated ground for bail: petitioner cannot be tried parallelly in two cases for the same occurrence. Outcome: bail allowed on bonds of Rs. 20,000/- with two like sureties.

What did the court decide?

Release on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each, to the satisfaction of M/s Samer Afsan, learned Judicial Magistrate, 1st Class, Ranchi, in connection with Nagri P.S. Case No. 135 of 2023. ¶6

Why is it important?

For the same occurrence, the petitioner cannot be tried parallelly in two cases; considering this fact, the court was inclined to release the petitioner on bail. ¶6

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each, to the satisfaction of M/s Samer Afsan, learned Judicial Magistrate, 1st Class, Ranchi, in connection with Nagri P.S. Case No. 135 of 2023.

Issue for consideration

Whether the petitioner, accused in Nagri P.S. Case No. 135 of 2023 arising out of the same occurrence as the parallel Nagri P.S. Case No. 134 of 2023, ought to be released on bail, given that he cannot be tried parallelly in two cases for the same occurrence.

Court's answer

For the same occurrence, the petitioner cannot be tried parallelly in two cases; considering this fact, the court was inclined to release the petitioner on bail.

Ratio / Principle

The petitioner is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each, to the satisfaction of M/s Samer Afsan, learned Judicial Magistrate, 1st Class, Ranchi, in connection with Nagri P.S. Case No. 135 of 2023.

Detailed headnote1 paragraphs

Bail application B.A No. 424 of 2024 (High Court of Jharkhand at Ranchi, Ambuj Nath, J, decided 08.05.2024) by Binod Kumar, accused in Nagri P.S. Case No. 135 of 2023 (IPC ss. 147, 148, 149, 427, 436, 353, 504, 506, 341, 342, 323, 186) pending before M/s Samer Afsan, Judicial Magistrate, 1st Class, Ranchi. Underlying occurrence of 26.07.2023: shooting of Subhash Munda and vandalisation/burning of the liquor shop of Satyendra Kumar Rajak at Daladali Chowk (cash Rs, 1,52,300/- burnt; liquor worth Rs. 54,68,020 destroyed); parallel Nagri P.S. Case No. 134 of 2023 instituted by the shop owner, the present FIR by the Circle Officer, Nagri. Holding: for the same occurrence the petitioner cannot be tried parallelly in two cases; accordingly released on bail on bail bonds of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the said Magistrate.

A

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 424 of 2024

Binod Kumar ----Petitioner Versus The State of Jharkhand ----Opp. Party ---

CORAM: Hon’ble Mr. Justice Ambuj Nath

For the Petitioner: Mr. Mohit Prakash, Advocate For the O.P-State: Mr. Bishambhar Shastri, A.P.P.

06 / 08.05.2024 Heard the parties.

Petitioner has been made accused in connection with Nagri P.S. Case No. 135 of 2023 for the offences registered under sections 147, 148, 149, 427, 436, 353, 504, 506, 341, 342, 323 and 186 of the Indian Penal Code, pending in the court of M/s Samer Afsan, learned Judicial Magistrate, 1^st Class, Ranchi

On 26.07.2023 at about 7.00 p.m., Subhash Munda was shot dead by unknown persons. Later at about 8.30 p.m., mob of about 100-200 persons started vandalizing the shops at Daladali Chowk. Mob also resorted to damaging passing vehicles. It is alleged that the liquor shop of one Satyendra Kumar Rajak, Informant of Nagri P.S. Case No. 134 of 2023 was set ablaze by the rampant mob, due to which Rs, 1,52,300/- kept in the cash chest was burnt. It is further alleged that the liquor worth Rs. 54,68,020 kept in the shop was also destroyed.

Mr. Mohit Prakash, learned counsel appearing for the petitioner, submitted that the FIR was registered against unknown persons. It was further submitted that there is no specific allegation against the petitioner that he had set the liquor shop of Satyendra Kumar Rajak on fire, rather there is specific allegation against the co-accused Pradeep Uraon that he had set the shop on fire. It was further submitted that for the same occurrence, another case being Nagri P.S. Case No. 134 of 2023 has been instituted, in which owner of the liquor shop namely, Satyendra Kumar Rajak is the Informant.

It appears that the petitioner along with the co-accused persons was member of unruly mob of about 100-200 persons who had vandalized the liquor shop of Satyendra Kumar Rajak, Informant of Nagri P.S. Case No. 134 of 2023 causing loss of Rs. 54.00 lakhs. Petitioner was later made accused in the murder of Subhash Munda. However, for the same occurrence, another case being Nagri P.S. Case No. 134 of 2023 has been instituted at the instance of the owner of the liquor shop. The present FIR has been subsequently instituted at the instance of the Circle Officer, Nagri.

Considering the fact that for the same occurrence, petitioner cannot be tried parallelly in two cases. Accordingly, I am inclined to release the petitioner on bail. Accordingly, petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each, to the satisfaction of M/s Samer Afsan, learned Judicial Magistrate, 1^st Class, Ranchi in connection with Nagri P.S. Case No. 135 of 2023.

(Ambuj Nath, J)

Ranjeet/ Uploaded

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, accused in Nagri P.S. Case No. 135 of 2023 arising out of the same occurrence as the parallel Nagri P.S. Case No. 134 of 2023, ought to be released on bail, given that he cannot be tried parallelly in two cases for the same occurrence.medium confidence¶6
The court held
For the same occurrence, the petitioner cannot be tried parallelly in two cases; considering this fact, the court was inclined to release the petitioner on bail.ratio¶6

Statutes considered

12 provisions across 1 enactments

AI extract

Indian Penal Code147¶2 148¶2 149¶2 427¶2 436¶2 353¶2 504¶2 506¶2 341¶2 342¶2 323¶2 186¶2

Procedural history

How this case reached the court

AI extract

Prior proceeding
Petitioner made accused in Nagri P.S. Case No. 135 of 2023 for offences under IPC sections 147, 148, 149, 427, 436, 353, 504, 506, 341, 342, 323 and 186; case pending before M/s Samer Afsan, learned Judicial Magistrate, 1st Class, Ranchi.¶2
Prior proceeding
Underlying occurrence of 26.07.2023: Subhash Munda shot dead by unknown persons at about 7.00 p.m.; thereafter a mob of about 100-200 persons vandalized shops at Daladali Chowk and set ablaze the liquor shop of Satyendra Kumar Rajak (Informant of Nagri P.S. Case No. 134 of 2023), burning cash of Rs, 1,52,300/- kept in the cash chest and destroying liquor worth Rs. 54,68,020.¶3
Prior proceeding
Counsel's submissions: FIR registered against unknown persons; no specific allegation that the petitioner set the liquor shop on fire (specific allegation rests on co-accused Pradeep Uraon); for the same occurrence, Nagri P.S. Case No. 134 of 2023 instituted with shop-owner Satyendra Kumar Rajak as Informant.¶4
Prior proceeding
Parallel FIRs for the same occurrence: petitioner identified as member of the unruly mob of about 100-200 that vandalized the liquor shop causing loss of Rs. 54.00 lakhs; petitioner later made accused in the murder of Subhash Munda; Nagri P.S. Case No. 134 of 2023 instituted at the instance of the shop owner; the present FIR (Case No. 135 of 2023) subsequently instituted at the instance of the Circle Officer, Nagri.¶5

Parties & counsel

AI extract

petitioner
Binod Kumar¶H2
Mohit Prakash
respondent
The State of Jharkhand¶H2
Bishambhar Shastri

Coram

AI extract

Hon’ble Mr. Justice Ambuj Nathauthor¶H3

Case details

As recorded by the court registry

Court: Jharkhand HC
Decided on: 8 May 2024 · May
Registered: 19 Jan 2024
Case no.: B.A./424/2024
CNR: JHHC010015152024
Bench: Ambuj Nath
Disposal: Allowed
Case type: B.A

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Cite this judgement

Binod Kumar v. the State of Jharkhand, B.A./424/2024 (JH), decided on 8 May 2024.

The High Court of Jharkhand publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes12

Indian Penal Code147 · 148 · 149 · 427 · 436 · 353 · 504 · 506 · 341 · 342 · 323 · 186

View all statutes

Procedural history4

Petitioner made accused in Nagri P.S. Case No. 135 of 2023 for offences under IPC sections 147, 148, 149, 427, 436, 353, 504, 506, 341, 342, 323 and 186; case pending before M/s Samer Afsan, learned Judicial Magistrate, 1st Class, Ranchi.
Underlying occurrence of 26.07.2023: Subhash Munda shot dead by unknown persons at about 7.00 p.m.; thereafter a mob of about 100-200 persons vandalized shops at Daladali Chowk and set ablaze the liquor shop of Satyendra Kumar Rajak (Informant of Nagri P.S. Case No. 134 of 2023), burning cash of Rs, 1,52,300/- kept in the cash chest and destroying liquor worth Rs. 54,68,020.

View full history

Bench / Coram

Hon’ble Mr. Justice Ambuj Nath

Parties & counsel