Raju Kumar Alias Rakesh Kumar Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Raju Kumar Alias Rakesh Kumar Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged/released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the Learned Judicial Magistrate 1st Class, Ramgarh, subject to cooperation and attendance conditions.

Issue for consideration

Whether petitioner Raju Kumar @ Rakesh Kumar, an accused under Sections 25(1-b)a, 26 and 35 of the Arms Act in Patratu (Bhurkunda) P.S. Case No. 106 of 2024, in custody since 20.04.2024 with charge-sheet submitted, may be enlarged on bail. +1 more

Court's answer

Having heard both sides and perused the record, the court found it just and proper to enlarge the petitioner on bail in view of the persuasive submission advanced by the learned counsel for the petitioner.

Ratio / Principle

The petitioner is directed to be released on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each.

Key takeaways

The bail is subject to the conditions that the petitioner will cooperate in the criminal proceeding pending in the court below and remain present on every and each date of the criminal trial, failing which the learned court below is to pass an appropriate order for cancellation of bail.ratio¶7

Detailed headnote1 paragraphs

BAIL GRANTED — Arms Act, Sections 25(1-b)a, 26 and 35 — Raju Kumar @ Rakesh Kumar (aged about 20), accused in Patratu (Bhurkunda) P.S. Case No. 106 of 2024 dated 20.04.2024 pending before learned J.M.F.C., Ramgarh, and in custody since 20.04.2024 with charge-sheet submitted, enlarged on bail notwithstanding his past antecedent (earlier like case, Patratu (Bhurkunda) P.S. Case No. 103 of 2023, in which he had been granted bail by learned Sessions Judge, Ramgarh in B.P No. 213 of 2013 vide order dated 26.07.2023), on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each; bail conditional on cooperation in the pending proceeding and presence on every date of trial, failing which the learned court below may pass an appropriate order for cancellation of bail. (High Court of Jharkhand at Ranchi; B.A. No. 5973 of 2024; Navneet Kumar, J.; 02.08.2024)

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5973 of 2024

Raju Kumar @ Rakesh Kumar, aged about 20 years, S/o Late Manmohan, R/o Pirpra Centre, Sayal, P.O. & P.S. Patratu, District Ramgarh, Jharkhand

--- --- Petitioner

Versus

The State of Jharkhand

--- --- Opposite Party

CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR

For the Petitioner : Mr. Rishu Ranjan, Advocate For the State : Mr. Someshwar Roy, A.P.P.

02/02.08.2024 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

Petitioner is an accused in connection with Patratu (Bhurkunda) P.S. Case No. 106 of 2024 dated 20.04.2024 for the offence registered under Section 25(1-b)a, 26 and 35 of the Arms Act, pending in the court of learned J.M.F.C. Ramgarh and is in custody since 20.04.2024.

It is submitted on behalf of the petitioner that the gist of the allegation as narrated in the F.I.R is that petitioner along with coaccused was caught on the spot with country made pistol. It has been pointed out that on earlier occasion also petitioner was apprehended in connection with Patratu (Bhurkunda) P.S. case No. 103 of 2023 registered under Section 25(1-b)a, 26 and 35 of the Arms Act, in which he was granted bail by the court of learned Sessions Judge, Ramgarh in B.P No. 213 of 2013 vide order dated 26.07.2023. It has been further contended that this petitioner has been falsely implicated in this case because of his past antecedent. Further, it has been submitted that petitioner is in custody since 20.04.2024 and charge-sheet in this case has been submitted and therefore, the possibility of tempering with the evidence is very remote. Therefore, it is prayed that petitioner may be enlarged on bail.

On the other hand, learned A.P.P. has opposed the contentions raised by the petitioner and submitted that petitioner is a man of

criminal antecedent and on earlier occasion he was apprehended in another case, therefore, he does not deserve to be enlarged on bail.

Having heard the parties, perused the record of the case.

In view of the persuasive submission advanced by the learned counsel for the petitioner, it is found just and proper to enlarge the petitioner on bail.

Accordingly, the petitioner named above is directed to be released on bail on furnishing of bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of Learned Judicial Magistrate 1^st Class, Ramgarh in connection with Patratu (Bhurkunda) P.S. Case No. 106 of 2024, subject to the condition that petitioner will cooperate in the criminal proceeding pending in the court below and he will remain present on every and each date of the criminal trial, failing which, appropriate order shall be passed by the learned court below for cancellation of bail.

(Navneet Kumar, J.)

A.Mohanty

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