Sakesh Kumar Alias Sakesh Yadav Alias Rakesh Yadav Vs… — Anticipatory Bail | Jharkhand HC (2024)

Sakesh Kumar Alias Sakesh Yadav Alias Rakesh Yadav Vs… — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted; petitioners to be released on arrest/surrender within three weeks on bail bond of Rs.20,000/- each with two like sureties to the satisfaction of the learned Judicial Magistrate, 1st Class, Chatra, in Hunterganj P.S. Case no.72 of 2024, subject to Section 482(2) B.N.S.S., 2023 conditions.

Issue for consideration

Whether the petitioners, apprehending arrest in Hunterganj P.S. Case no.72 of 2024 registered under Sections 272, 273, 284, 290 & 34 IPC and Section 47(a) of the Jharkhand Excise Act, are entitled to anticipatory bail.

Court's answer

This Court is inclined to enlarge the petitioners on anticipatory bail.

Ratio / Principle

In event of arrest or surrender before the court below within three weeks, the petitioners shall be released on bail on furnishing bail bond of Rs.20,000/- each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Chatra, in connection with Hunterganj P.S. Case no.72 of 2024, subject to the condition under Section 482(2) of the B.N.S.S., 2023.

Detailed headnote1 paragraphs

Anticipatory Bail — granted. Petitioners apprehending arrest in Hunterganj P.S. Case no.72 of 2024 under Sections 272, 273, 284, 290 & 34 IPC and Section 47(a) of the Jharkhand Excise Act, concerning alleged recovery of 50 liters of illegal Mahua liquor from each of two motorcycles allegedly ridden by them, who were said to have fled and been identified by the Chowkidar. Counsel stated specific denials of concern with the liquor or motorcycles in the supplementary affidavit dated 23rd August, 2024, an undertaking to co-operate with the ongoing investigation, and noted criminal antecedent while contending implication without cogent evidence; the State opposed. Held, enlarging the petitioners on anticipatory bail: on arrest or surrender within three weeks, release on bail bond of Rs.20,000/- each with two like sureties to the satisfaction of the learned Judicial Magistrate, 1st Class, Chatra, subject to the condition under Section 482(2) of the B.N.S.S., 2023. (Rajesh Shankar, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5233 of 2024

Sakesh Kumar @ Sakesh Yadav @ Rakesh Yadav

Pappu Kumar Yadav @ Pappu Kumar

.......... Petitioners.

-VersusThe State of Jharkhand .......... Opp. Party.

CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

----For the Petitioners : Mrs. Sadhna Kumar, Advocate For the State : Mr. V. S. Sahay -----

Order No.03 Date: 28.08.2024

The petitioners are apprehending their arrest in a case registered under Sections 272, 273, 284, 290 & 34 of the Indian Penal Code and Section 47(a) of the Jharkhand Excise Act.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged. There is alleged recovery of 50 liters of illegal Mahua liquor from each of the motorcycles bearing registration nos.BR-85BA-8507 and BR-02AQ-0903. It has further been alleged that the petitioners were riding those motorcycles, however, they succeeded in fleeing away. They were allegedly identified by the concerned Chowkidar. Learned counsel for the petitioners submits that the petitioners have neither any concern with the seized Mahua liquor nor with the motorcycles and to that effect specific statements have been made in paragraph nos.3 and 4 of the supplementary affidavit dated 23^rd August, 2024. Though the petitioners have criminal antecedent, however, so far as the present case is concerned,

they have been implicated in the same without any cogent evidence. They undertake to co-operate in ongoing investigation of the case. Hence, they may be given the privilege of anticipatory bail.

Learned A.P.P. opposes the petitioners’ prayer for anticipatory bail.

Having heard learned counsel for the parties and considering the materials available on record, this Court is inclined to enlarge the petitioners, above named, on anticipatory bail. Accordingly, the petitioners, in event of their arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand), each, with two sureties of the like amount, each, to the satisfaction of learned Judicial Magistrate, 1^st Class, Chatra, in connection with Hunterganj P.S. Case no.72 of 2024, subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023.

(Rajesh Shankar, J.)

Sanjay/

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A.B.A. No.5233 of 2024