Anil Bhuiyan Alias Anil Rikyasan Alias Sarkar… — Murder and Culpable Homicide | Jharkhand HC (2024)

Anil Bhuiyan Alias Anil Rikyasan Alias Sarkar… — Murder and Culpable Homicide | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Enlargement of the petitioner on bail upon furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, subject to the condition of appearing before the learned Court below on each and every date, failing which cancellation of bail as per the provisions of law.

Issue for consideration

Whether the petitioner — accused in Barkagaon P.S. Case No. 118 of 2017 / S.T. No. 313 of 2023 for offences under Sections 147, 148, 149, 302, 307 IPC and Section 27 Arms Act, alleged to be a member of the Jharkhand Tigers’ Group — should be enlarged on regular bail, the State opposing on the ground of the alleged extremist-organisation membership despite parity with co-accused already enlarged on bail.

Court's answer

The Court enlarged the petitioner on bail on furnishing a bail bond of Rs.25,000/- (Rupees Twenty-five thousand) with two sureties of the like amount each, to the satisfaction of the Court of learned Additional District Judge-IV, Hazaribagh, subject to the petitioner appearing before the learned Court below on each and every date as and when required, failing which appropriate order for cancellation of bail shall be passed by the learned Court below as per the provisions of law.

Detailed headnote1 paragraphs

BAIL APPLICATION ALLOWED — High Court of Jharkhand at Ranchi | B.A. No. 4722 of 2024 | decided 11.09.2024 | Coram: Hon’ble Mr. Justice Navneet Kumar (single judge). Petitioner Anil Bhuiyan @ Anil Rikyasan @ Sarkar Ji, accused in Barkagaon P.S. Case No. 118 of 2017, dated 05.07.2017, corresponding to S.T. No. 313 of 2023 (G.R. No. 1894 of 2017), pending before learned Additional District Judge-IV, Hazaribagh, for offences under Sections 147, 148, 149, 302, 307 of the Indian Penal Code and Section 27 of the Arms Act. FIR alleges an attack by the Jharkhand Tigers’ Group (“band extremist organization”) on the informant, Vikash Kumar, Dashrath Mahto and Chotu Mahto, in which Dashrath Mahto sustained gunshot injury and died. Charge framed 16.08.2023; petitioner not named in the FIR, in custody since 04.03.2022, no criminal antecedent stated; similarly situated co-accused (Vijay Mahto, Muneshwar Oraon, Mohan Ganjhu @ Akash Ganjhu, Deepak Bediya @ Aditya @ Dinesh Bediya @ Deepak Karmali) already enlarged on bail by coordinate bench orders (B.A. Nos. 11177 of 2020, 1160 of 2021, 6830 of 2021, 6808 of 2021). State counsel opposed bail citing alleged membership of the extremist group but did not controvert co-accused parity. Court enlarged the petitioner on bail on a Rs.25,000/- bond with two like sureties, conditioned on appearance before the Court below on each and every date, failing which cancellation as per the provisions of law.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 4722 of 2024

Anil Bhuiyan @ Anil Rikyasan @ Sarkar Ji, aged about 28 years s/o Kirtan Bhuiyan, r/v Palandu, PO Gossaibalia, PS Barkagaon, Dist. Hazaribagh, Jharkhand --- --- Petitioner

Versus

The State of Jharkhand --- --- Opposite Party

CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR

For the Petitioners : Mr. Saurav Kumar, Advocate

For the State : Mr. Abhay Kumar Tiwari, A.P.P.

06/11.09.2024

At the very outset, counsel for the petitioner submits that defect(s) as pointed out by the office has been removed.

Heard learned counsel for the petitioners and the learned Special P.P. appearing on behalf of the State.

The petitioner is accused in connection with Barkagaon P.S. Case No. 118 of 2017, dated 05.07.2017, corresponding to S.T. No. 313 of 2023, for the offence registered under Sections 147, 148, 149, 302, 307 of the Indian Penal Code and Section 27 of the Arms Act and the case is pending before the Court of learned Additional District Judge-IV, Hazaribagh.

It is submitted on behalf of the petitioner that as per the allegations set out in the F.I.R. is that the informant along with Vikash Kumar, Dashrath Mahto & Chotu Mahto were attacked by the accused persons, who belonged to Jharkhand Tigers’ Group which is a band extremist organization by which Dashrath Mahto has sustained gunshot injury and died but somehow the informant and Chotu Mahto escaped. It has been submitted that the entire allegations are false and fabricated against the petitioner in view of the fact that this petitioner has not been named in the FIR and similarly situated co-accused persons namely Vijay Mahto, Muneshwar Oraon, Mohan Ganjhu @ Akash Ganjhu & Deepak Bediya @ Aditya @ Dinesh Bediya @ Deepak Karmali have been granted bail by the co-ordinate bench of this Court vide orders dated 17.02.2021, 2.08l2021, 18.01.2021 & 2.08.2021 passed in B.A. No. 11177 of 2020, 1160 of 2021, 6830 of 2021 & 6808 of 2021 respectively. Further it has been pointed out that the petitioner is in custody since 04.03.2022. Petitioner has no criminal antecedent as stated in para 16 of the present application.

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Charge has been framed in this case on 16.08.2023. He submits that there is no possibility of tampering the evidence, thus the petitioner may be enlarged on bail.

On the other hand the learned A.P.P. appearing on behalf of the State has opposed the prayer for bail of the petitioner and submitted that the petitioner is a member of band extremist organization, namely, Jharkhand Tigers’ Group and therefore he does not deserve to be enlarged on bail although, he did not controvert this fact that the similarly situated co-accused persons have been enlarged on bail.

Having heard the parties, perused the records of this case.

In the light of the persuasive submissions advanced on behalf of the parties and under the facts and circumstances of this case, the petitioner hereinabove is directed to be enlarged 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 the Court of learned Additional District Judge-IV, Hazaribagh, in connection with Barkagaon P.S. Case No. 118 of 2017, dated 05.07.2017, corresponding to S.T. No. 313 of 2023 (G.R. No. 1894 of 2017), subject to the condition that the petitioner will appear before the learned Court below on each and every date as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provisions of law.

(Navneet Kumar, J.)

Anjali/-cp3

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