Allowed

Rajesh Kumar Sahu Alias Rajesh Sahu v. the State of Jharkhand

Jharkhand HC17 Sept 2024A.B.A./5855/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought in a case concerning assault on police by a Ramnavmi procession. The court noted the petitioner was not named in the FIR and similarly situated co-accused had been granted anticipatory bail, and enlarged him on bail upon arrest or surrender within three weeks.

What did the court decide?

Petitioner enlarged on anticipatory bail on furnishing Rs. 20,000 bail bond with two sureties of the like amount, subject to Section 482(2) BNSS conditions.

Rajesh Kumar Sahu Alias Rajesh Sahu Vs the State of… — Quashing and FIR | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5855 of 2024

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Rajesh Kumar Sahu @ Rajesh Sahu, S/o Late Baidyanath Sao, R/o Village-Nawagarh, Tarwadih, PO-Nawagarh, PS-Latehar, DistrictLatehar … … Petitioner Versus

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

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----- For the petitioner : Mr. Rakesh Kumar, Advocate For the State : Mr. Naveen Kumar Ganjhu, A.P.P

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-----

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04/17.09.2024 The petitioner is apprehending his arrest for the offences punishable under Sections 147/332/353/323/504 of the Indian Penal Code.

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2. Learned counsel for the petitioner submits that the petitioner along with others had earlier preferred anticipatory bail application being A.B.A No. 4690 of 2024 in connection with Latehar P.S. Case No. 64 of 2024 i.e., the present one. The said anticipatory bail application was, however, dismissed as withdrawn by a coordinate Bench of this Court vide order dated 16.08.2024 with liberty to the petitioner and others to file a fresh one with better particulars. In view of the said liberty, the petitioner has preferred the present anticipatory bail application.

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3. Learned counsel for the petitioner further submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. As per the allegation, four named accused persons along with 60-70 unknown persons being the members of the procession of ‘Ramnavmi’ by defying the order of the administration, were adamant to take the procession towards a mosque. On being resisted by the police party, they abused and assaulted them due to which some of the constables sustained injuries. The petitioner has not been named in the F.I.R. He along with

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several others have been implicated in this case merely on suspicion and the hearsay statements of the local people. In fact, the petitioner is not involved in the said occurrence. Even if the contents of the written report of the informant are taken to be true, none of the constables has sustained serious injury. Moreover, similarly situated co-accused persons namely, Bhondu Saw @ Bhanu Saw, Gautam Kumar @ Goutam Ram, Chandan Kumar @ Chandan Gupta and Upendra Gupta @ Upendra Prasad @ Mantu Saw have already been granted anticipatory bail by this Court vide order dated 24.07.2024 passed in A.B.A No. 4270 of 2024. The petitioner has no criminal antecedent as has been stated in paragraph no. 14 of the present application. He undertakes to co-operate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

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4. Learned A.P.P opposes the petitioner’s prayer for anticipatory bail.

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5. Having heard learned counsel for the parties and considering that similarly situated co-accused persons have already been granted anticipatory bail, 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, Latehar, in connection with Latehar P.S. Case No. 64/2024, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

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(Rajesh Shankar, J.)

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Manish

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2 A.B.A. No. 5855 of 2024

Rajesh Kumar Sahu Alias Rajesh Sahu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Sahu Alias Rajesh Sahu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

Coram

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