Lakhindar Ravidas Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Lakhindar Ravidas Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners, on arrest or surrender before the court below within three weeks, to 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 Chief Judicial Magistrate, Pakur, in connection with Maheshpur P.S. Case No.59 of 2024, subject to the conditions under Section 482(2) of the BNSS, 2023.

Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Maheshpur P.S. Case No.59 of 2024, should be enlarged on anticipatory bail.

Court's answer

Having heard learned counsel for the parties and considering the materials available on record, the court is inclined to enlarge the petitioners on anticipatory bail.

Ratio / Principle

In the event of arrest or surrender within three weeks, the petitioners shall be released on bail on furnishing a bail bond of Rs.20,000/- each with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Pakur, subject to the conditions under Section 482(2) of the BNSS, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted — A.B.A. No.5276 of 2024 (decided 27.08.2024) — petitioners Lakhindar Ravidas @ Lakhindar Rabidas and Ratan Rabidas @ Ratan Ravidas apprehended arrest in Maheshpur P.S. Case No.59 of 2024 registered under Sections 386/387/379/323/341/504/506/120B/34 IPC, 1860 and Section 30(ii) of the Coal Mines (Nationalisation) Act, 1973 — allegation of theft of coal and threatening the informant with dire consequences — counsel argued identification without previous acquaintance unspecified and no criminal antecedents; Spl. P.P., opposing the prayer but referring the case diary, submitted the petitioners have no criminal antecedent — court enlarged petitioners on anticipatory bail on arrest/surrender within three weeks on bail bond of Rs.20,000/- each with two like sureties before CJM, Pakur, subject to Section 482(2) BNSS, 2023 conditions (Rajesh Shankar, J.).

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5276 of 2024

Lakhindar Ravidas @ Lakhindar Rabidas

Ratan Rabidas @ Ratan Ravidas

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

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

CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

----For the Petitioners : Mr. A.K. Kashyap, Sr. Advocate For the State : Ms. Nehala Sharmin, Spl. P.P. -----

Order No.03 Date: 27.08.2024

The petitioners are apprehending their arrest in connection with Maheshpur P.S. Case No.59 of 2024 registered under Sections 386/387/379/323/341/504/506/120B/34 of the Indian Penal Code, 1860 and Section 30(ii) of the Coal Mines (Nationalisation) Act, 1973.

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 in the F.I.R. As per the allegation, the petitioners were found committing theft of coal. On being asked by the informant, they threatened him with dire consequences. Though the petitioners have been named in the F.I.R., yet the informant has not specified in his written report as to how he identified them without their being any previous acquaintance. The petitioners have no criminal antecedent as has been stated in paragraph no.14 of the present anticipatory bail application. They also undertake to co-operate in the ongoing

investigation. Hence, they may be given the privilege of anticipatory bail.

Learned Spl. P.P. though opposes the petitioners’ prayer for grant of anticipatory bail, yet on referring the case diary, she submits that the petitioners have no criminal antecedent.

Having heard learned counsel for the parties and considering the materials available on record, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners, above named, in the 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 Chief Judicial Magistrate, Pakur in connection with Maheshpur P.S. Case No.59 of 2024 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rajesh Shankar, J.)

Vikas/

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A.B.A. No.5276 of 2024