Rabi Lal Oraon Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Rabi Lal Oraon Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioners to be released on bail upon arrest or surrender within three weeks, on bail bond of Rs.20,000/- each with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Chandil, in connection with Ichagarh P.S. Case No.5 of 2024, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, who apprehend arrest in Ichagarh P.S. Case No.5 of 2024 registered under Sections 414/34 IPC, are entitled to be enlarged on anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the court below within three weeks, the petitioners shall be released on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Chandil, in connection with Ichagarh P.S. Case No.5 of 2024, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail — Petitioners, drivers of tractors bearing registration nos. JH-06R1193 and JH-05DQ-4219, apprehended arrest in Ichagarh P.S. Case No.5 of 2024 under Sections 414/34 IPC over alleged recovery of 100 CFT illegal sand from each tractor; they pleaded false implication, absence of any independent witness's signature on the seizure list, no criminal antecedents, and undertook to co-operate in the ongoing investigation; Learned A.P.P. opposed the prayer. Held, considering the materials on record the petitioners were enlarged on anticipatory bail — upon arrest or surrender before the court below within three weeks, to 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 Additional Chief Judicial Magistrate, Chandil, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Rajesh Shankar, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5279 of 2024

Rabi Lal Oraon

Somra Majhi @ Samra Manjhi

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

-Versus-

The State of Jharkhand .......... Opp. Party.

CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

----For the Petitioners : Mr. Abhishek Kr. Dubey, Advocate For the State : Mr. Achinto Sen, A.P.P. -----

Order No.03 Date: 27.08.2024

The petitioners are apprehending their arrest in connection with Ichagarh P.S. Case No.5 of 2024 registered under Sections 414/34 of the Indian Penal Code.

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. The petitioner no.1 is the driver of the tractor bearing registration no.JH-06R1193, engine no.E3735446 whereas the petitioner no.2 is the driver of the tractor bearing registration no.JH-05DQ-4219, engine no.RPD7ECNQ546. There is alleged recovery of 100 CFT illegal sand from each tractor. In fact, there has been no such recovery from the said tractors. The false implication of the petitioners in this case would be evident from the fact that the seizure list prepared in this regard does not bear signature of any independent witness. The petitioners have no criminal antecedent as has been stated in paragraph no.16 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 A.P.P. opposes the petitioners’ prayer for grant of anticipatory bail.

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 Additional Chief Judicial Magistrate, Chandil in connection with Ichagarh P.S. Case No.5 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.5279 of 2024