Manish Kumar Singh Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Manish Kumar Singh Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on arrest/surrender within three weeks on furnishing a bail bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Jamtara, in connection with Jamtara P.S. Case No. 74/2024, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest for offences punishable under Sections 448/341/323/307/379/427/34 of the Indian Penal Code in connection with Jamtara P.S. Case No. 74/2024, is entitled to anticipatory bail. +1 more

Court's answer

Having heard learned counsel for the parties and considering the materials available on record, the presiding judge was inclined to enlarge the petitioner on anticipatory bail.

Ratio / Principle

In the event of arrest/surrender within three weeks, the petitioner is to be released on bail on a bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Jamtara, in connection with Jamtara P.S. Case No. 74/2024, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory Bail Application allowed — A.B.A. No. 5266 of 2024, High Court of Jharkhand at Ranchi (decision dated 27.08.2024, Justice Rajesh Shankar). Manish Kumar Singh, apprehending arrest for offences punishable under Sections 448/341/323/307/379/427/34 of the Indian Penal Code in connection with Jamtara P.S. Case No. 74/2024, sought anticipatory bail on the submission that he was falsely implicated, being the friend and tenant of co-accused Shashikant Gupta, and that the informant's written report contained no specific allegation against him, only omnibus and general allegations of assault on the informant and his wife. Counsel for the State and the informant opposed, alleging trespass, stone-pelting and assault causing fracture of the informant's nasal bones by the co-accused, named co-accused and unknown persons. Considering the materials on record, the court enlarged the petitioner on anticipatory bail: upon arrest/surrender within three weeks, release on a bail bond of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Jamtara, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5266 of 2024

Manish Kumar Singh ... … Petitioner

Versus

The State of Jharkhand ... … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

----- For the petitioner : Mr. Amritansh Vats, Advocate For the State : Mr. Shree Prakash Jha, A.P.P. For the Informant : Mr. Akhouri Awinash Kumar, Adv.

-----

03/27.08.2024 The petitioner is apprehending his arrest for the offences punishable under Sections 448/341/323/307/379/427/34 of the Indian Penal Code.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. The petitioner is the friend as well as the tenant of co-accused Shashikant Gupta with whom the informant had inimical terms. Even on perusal of the written report of the informant, it is evident that there is no specific allegation against the petitioner, rather there is omnibus and general allegations against all the accused persons that they assaulted the informant and his wife. Hence, the petitioner may be given the privilege of anticipatory bail.

3. Learned A.P.P as well as learned counsel for the informant while opposing the petitioner’s prayer for anticipatory bail, submit that co-accused Shashi Kant Gupta, 10 named coaccused persons including the petitioner and 15-18 unknown persons trespassed the house of the informant and pelted stones as well as assaulted the informant and his wife due to which nasal bones of the informant got fractured. Hence, the petitioner may not

be given the privilege of anticipatory bail.

4. Having heard learned counsel for the parties and considering the materials available on record, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner above named, in the event of his arrest/surrender within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamtara, in connection with Jamtara P.S. Case No. 74/2024, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rajesh Shankar, J.)

Manish

A.B.A. No. 5266 of 2024