Allowed

Shobhit Sharma Alias Raja Alias Abhishek Ji v. the State of Jharkhand

Jharkhand HC11 Sept 2024B.A./6111/2024

Case brief

AI extract

What is this about?

In a bail petition filed by an accused in a criminal case involving robbery and arson, the High Court at Ranchi directed the petitioner's release on bail after considering forceful submissions that similarly situated co-accused had already been granted bail.

What did the court decide?

Directed the petitioner to be enlarged on bail upon furnishing a bond of Rs. 25,000 with two sureties of the like amount each.

Shobhit Sharma Alias Raja Alias Abhishek Ji Vs the State… — Bail and Remand | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6111 of 2024

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Shobhit Sharma @ Raja @ Abhishek Ji aged about 26 years, son of Late Murari Sharma, resident of village- Mines Colony, Quarter No. 317, Dhamdhamiya, P.O.&P.S.-Macluskiganj, District-Ranchi, Jharkhand

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... … Petitioner

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Versus The State of Jharkhand … … Opposite Party ------- CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

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-----For the Petitioner : Mr. Sahay Gaurav Piyush, Advocate For the State : Mr. Rakesh Ranjan, A.P.P.

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Order No. 05 / Dated 11^th September, 2024

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Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.

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The petitioner is an accused in connection with Piparwar P.S. Case No. 46 of 2023, registered under Sections 341, 384, 385, 386, 435, 427, 504, 34, 120B of the Indian Penal Code and Section 27 of the Arms Act, pending in the Court of Learned A.D.J.-II, Chatra.

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It is submitted on behalf of the petitioner that as per the F.I.R., the Hywa vehicle No. JH-02-AZ-6777 which was registered in the name of the informant’s wife Mina Kumari which was engaged under Shree Enterprises for transportation of coal from Punadih to KDH Crusher. On 23.08.2023 at 12:30 AM, the truck after loading coal was going to KDH crusher, near the Jaidih Government School, three to four unknown persons stopped the vehicle and dragged the driver (Binod Oraon) out of the vehicle and demanded Rangdari money. After non-fulfilment of demand of Rangdari, they poured petrol on the vehicle and set fire it on fire and also fired five to six rounds of bullet to spread terror. Learned counsel for the petitioner has submitted that the F.I.R. was lodged against the unknown persons and the petitioner is not named in the F.I.R. and his name has appeared during investigation in confessional statement of co-accused persons who have been enlarged on bail vide B.A. No. 680 of 2024 with B.A. No. 1170 of 2024 with B.A. No. 1213 of 2024 and B.A. No. 2977 of

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During investigation, no TIP was conducted to identify the complicity of the petitioner in commission of the alleged offence and the petitioner is in jail since 12.03.2024 and therefore this petitioner deserves to be enlarged on bail.

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On the other hand, the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and submitted that petitioner is involved in the commission of the offence and does not deserve to be enlarged on bail but did not controvert this fact that similarly situated co-accused persons have been enlarged on bail by the coordinate Bench of this Court.

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Having heard the parties, perused the records of this case.

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In light of the forceful submission advanced on behalf of the petitioner and under the facts and circumstances of this case, this petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/(Rupees Twenty-five thousand) with two sureties of the like amount each to the satisfaction of the Court of Learned A.D.J.-II, Chatra, in connection with Piparwar P.S. Case No. 46 of 2023, subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned Trial Court and he will remain present on each and every date of the criminal trial as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provision of law.

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(Navneet Kumar, J.)

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Basant/S. Das

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2 B.A. No.6111 of 2024

Shobhit Sharma Alias Raja Alias Abhishek Ji v. the State of Jharkhand

Case brief

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Shobhit Sharma Alias Raja Alias Abhishek Ji v. the State of Jharkhand

Case brief

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What did the court decide?

What the court decided

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