Before a single judge, the High Courtgranted anticipatory bail to a juvenile minor petitioner facing charges of criminal assault and intentional harm, directing his release upon surrender with a monetary bond and sureties.
Anticipatory bail granted on surrender within three weeks, bail bond of Rs. 20,000 and two sureties each of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5652 of 2024
Mithlesh Kumar (Minor) ... … Petitioner Versus The State of Jharkhand ... … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the petitioner : Mr. Soumitra Baroi, Advocate For the State : None
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02/04.09.2024 The petitioner is apprehending his arrest for the offences punishable under Sections 147/148/149/341/323/324/ 325/326/307/338/353/504/506 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. As per the allegation made in the written report of the concerned Jansewak, Tandwa, 30 – 35 miscreants assaulted men, women and children, who were part of idol immersion procession of Goddess Durga, by means of lathi, danda, sword etc. However, for the same incident, two F.I.Rs were lodged i.e., Tandwa P.S. Case No. 246/2023 and Tandwa P.S. Case No. 247/2023 (the present one). Though the petitioner was in judicial custody in connection with Tandwa P.S. Case No. 246/2023, he was not remanded in the present case. Subsequently, the petitioner being a juvenile, was granted regular bail by the Juvenile Justice Board, Chatra vide order dated 05.12.2023 in connection with Tandwa P.S. Case No. 246/2023. Under the said circumstance, the petitioner has filed the present anticipatory bail application.
3. It is further submitted that the petitioner was merely
present in the crowd, but was not involved in the said occurrence. Despite the said fact, he was implicated in both the cases including the present one. Hence, the petitioner may be given the privilege of anticipatory bail.
4. No one appears on behalf of the State.
5. 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 Judicial Magistrate, 1st Class, Chatra, in connection with Tandwa P.S. Case No. 247/2023, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Rajesh Shankar, J.)
Manish
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A.B.A. No. 5652 of 2024
1 issue framed by the court
Whether the petitioner, apprehending arrest in a false implication case involving a crowd riot, is eligible for anticipatory bail.
1 provisions across 1 enactments
Mithlesh Kumar (Minor)
State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court