Kailash Ganjhu Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Kailash Ganjhu Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner directed to surrender before the learned court within three weeks; in the event of his surrender or arrest, he is to be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Chatra, in connection with Tandwa P.S. Case No. 94 of 2018 corresponding to G.R. No. 856 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who is apprehending arrest in connection with Tandwa P.S. Case No. 94 of 2018, corresponding to G.R. No. 856 of 2018, for alleged offences under Sections 384, 387 and 34 of the Indian Penal Code and Section 17(i)(ii) of the Criminal Law Amendment Act, pending before the learned Chief Judicial Magistrate, Chatra. +1 more

Court's answer

In view of the foregoing considerations and the attending facts and circumstances of the case, the Court was inclined to grant anticipatory bail to the petitioner.

Ratio / Principle

The Court took into consideration that the name of the petitioner had surfaced only on the basis of the confessional statement of the other co-accused, and that in similar circumstances the other co-accused had already been provided the privilege of anticipatory bail in the aforesaid A.B.As.

Key takeaways

The petitioner was directed to surrender before the learned court within three weeks, and in the event of his surrender or arrest he was to be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Chatra, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.ratio¶15

Detailed headnote1 paragraphs

Anticipatory bail granted – Kailash Ganjhu v. The State of Jharkhand (A.B.A. No. 551 of 2024, High Court of Jharkhand at Ranchi, Hon'ble Mr. Justice Sanjay Kumar Dwivedi, order stamped 05/08.04.2024): The petitioner apprehended arrest in Tandwa P.S. Case No. 94 of 2018, corresponding to G.R. No. 856 of 2018, for alleged offences under Sections 384, 387 and 34 IPC and Section 17(i)(ii) of the Criminal Law Amendment Act, pending before the learned Chief Judicial Magistrate, Chatra. His name had come only on the basis of the confessional statement of other co-accused, who had already been given anticipatory bail in A.B.A. Nos. 261 of 2024, 338 of 2024 and 865 of 2024. On that parity and the attending facts and circumstances, the Court granted anticipatory bail: surrender within three weeks; on surrender or arrest, release on a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the CJM, Chatra, subject to Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 551 of 2024

Kailash Ganjhu … Petitioner

-Versus-

The State of Jharkhand … Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner : Mr. Rajesh Kumar Singh, Advocate For the State : Mrs. Vandana Bharti, A.P.P.

05/08.04.2024 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Tandwa P.S. Case No. 94 of 2018, corresponding to G.R. No. 856 of 2018, for the alleged offences under Sections 384, 387 and 34 of the Indian Penal Code and Section 17(i)(ii) of the Criminal Law Amendment Act, pending in the court of learned Chief Judicial Magistrate, Chatra.

Learned counsel appearing for the petitioner submits that the name of this petitioner has come on the basis of the confessional statement of the other co-accused and in the similar circumstance, the other co-accused have already been provided the privilege of anticipatory bail in A.B.A. Nos. 261 of 2024, 338 of 2024, 865 of 2024.

Learned counsel for the State has opposed the prayer on the ground that the allegation is there.

Considering that the name of the petitioner has come on the basis of confessional statement of the other co-accused and in the similar circumstance, the other co-accused have already been provided the privilege of anticipatory bail in the aforesaid A.B.As. and in view of the

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attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, he is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Chatra, in connection with Tandwa P.S. Case No. 94 of 2018 corresponding to G.R. No. 856 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar Dwivedi, J.)

Ajay/

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A.B.A. No. 551 of 2024