Binod Kumar Pandey Alias Binod Pandey Vs the State of… — Anticipatory Bail | Jharkhand HC (2024)

Binod Kumar Pandey Alias Binod Pandey Vs the State of… — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender before the Court below within four weeks; on arrest or surrender, to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned JM, 1st Class, Koderma in connection with Domchanch P.S. Case No. 82 of 2022, subject to the stated conditions (co-operation with investigation, appearance before the investigating officer, furnishing mobile number and Aadhar Card copy with undertaking not to change mobile number) and the conditions under Section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether the petitioner, apprehending arrest in Domchanch P.S. Case No. 82 of 2022 instituted under Sections 379 of the Indian Penal Code, is entitled to the privilege of anticipatory bail.

Court's answer

Considering the facts and circumstances of the case, the nature of allegation against the petitioner coupled with the materials available on record, the Court extended the privilege of anticipatory bail to the petitioner, directing him to surrender before the Court below within four weeks and, in the event of arrest or surrender, to be enlarged on bail on furnishing a bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned JM, 1st Class, Koderma in connection with Domchanch P.S. Case No. 82 of 2022.

Ratio / Principle

The bail is made subject to conditions that the petitioner will cooperate with the investigation, appear before the investigating officer as and when noticed, furnish his mobile number and photocopy of Aadhar Card with an undertaking not to change his mobile number during the pendency of the case, and will remain bound by the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory Bail — Jharkhand High Court, A.B.A. No.4263 of 2023, decided 07.03.2024 (Order No.09) — Pradeep Kumar Srivastava, J. — Petitioner, a contractor in the Electricity Department, apprehended arrest in Domchanch P.S. Case No. 82 of 2022 under Sections 379 IPC for alleged theft of electric wires committed through his staff on the basis of a co-accused's confessional statement; counsel pointed out that co-accused Sunil Pandey with a similar allegation had already been granted anticipatory bail by the Co-ordinate Bench (order dated 09.05.2023 in A.B.A. No.198 of 2023), and that two other cases (Markaccho P.S. Case No.62 of 2022 and Jainagar P.S. Case No.122 of 2022) were registered against him in the same manner on the basis of a co-accused's confessional statement; the State opposed, alleging direct and specific allegations and two criminal antecedents of similar nature. Considering the facts and circumstances, nature of allegation and materials on record, the Court extended the privilege of anticipatory bail: petitioner to surrender within four weeks and, on arrest/surrender, to be enlarged on bail on a bond of Rs.25,000/- with two like sureties to the satisfaction of the learned JM, 1st Class, Koderma, subject to conditions of co-operating with the investigation, appearing before the investigating officer as and when noticed, furnishing his mobile number and Aadhar Card copy with an undertaking not to change the mobile number during the pendency of the case, and the conditions under Section 438(2) CrPC.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4263 of 2023

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Binod Kumar Pandey @ Binod Pandey

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-----For the Petitioner : Mr. Kamdeo Pandey, Advocate For the State : Mr. Rajesh Kumar, Addl.P.P

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Order No.09 Dated- 07.03.2024

Heard learned counsel for the parties.

Apprehending his arrest in connection with Domchanch P.S. Case No. 82 of 2022 instituted under Sections 379 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.

As per FIR, the allegation is that petitioner being contractor in the Electricity Department along with other co-accused person was involved in commission of theft of electric wires through their staffs Krishna Kumar Yadav and others and caused huge loss to the electricity department.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case on the basis confessional statement of co-accused person by alleging that he used to sell the stolen wires to the present petitioner who is a contractor. Other coaccused namely Sunil Pandey with similar allegation has already been extended privilege of anticipatory bail by the Co-ordinate Bench of this Court vide order dated 09.05.2023 passed in A.B.A. No.198 of 2023. It appears that just after registration of this case, other two cases being Markaccho P.S. Case No.62 of 2022 and Jainagar P.S. Case No.122 of 2022 were also registered against the petitioner in the same manner on the basis of confessional statement of co-accused. There is no material against the petitioner showing his involvement in the alleged offence. Petitioner undertakes to cooperate with the investigation of the case. Hence, the petitioner may be extended the privilege of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner and submits that there is direct and specific allegation against the petitioner and he has two criminal antecedents of similar nature. Hence, petitioner may not be extended privilege of anticipatory bail.

Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender before the Court below within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned JM, 1^st Class, Koderma in connection with Domchanch P.S. Case No. 82 of 2022 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Pradeep Kumar Srivastava, J.)

Pappu/