Allowed

Sanjay Paswan v. the State of Jharkhand

Jharkhand HC6 Aug 2024B.A./6115/2024

Case brief

AI extract

What is this about?

Bail application by an accused in an extremist-related case under IPC, Arms Act, C.L.A. Act and U.A.P. Act. No injuries or specific allegation against the petitioner; co-accused similarly situated had been acquitted. Court enlarged him on bail with conditions including appearance on every date.

What the court decided

AI extract

Sanjay Paswan Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6115 of 2024

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Sanjay Paswan ... … Petitioner Versus

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The State of Jharkhand … … Opposite Party

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CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

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-----For the Petitioner : Mr. Rishi Pallava, Advocate For the State : Mrs. Nehala Sharmin, S.P.P.

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Order No. 04 / Dated 6^th August, 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 Hunterganj P.S. Case No. 156 of 2009, dated 08.12.2009, S.T. No. 170 of 2024, registered for the offence punishable under Sections 147, 148, 149 and 307 of the Indian Penal Code, under Section 27 of the Arms Act, under Section 17(i)(ii) of C.L.A. Act and under Section 10/13 of the U.A.P. Act but charge has not been framed under Section 10/13 of the U.A.P. Act and the case is presently pending before the Court of learned Principal District Judge, Chatra.

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It is submitted on behalf of the petitioner that as per the allegations set out in the F.I.R. it is alleged that the petitioner alongwith the co-accused persons were camping at the place of occurrence situated in the village Jabra at Machihat hill area under Hunterganj Police Station of district Chatra and when the police after getting the secret information reached to the place of occurrence and a counter took place between them, after some time all the extremists including this petitioner fled away.

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It has been submitted that no one has got injured at the place of occurrence and no specific allegation has been attributed against this petitioner although he has been named in the F.I.R. Further, it has been submitted that the petitioner has no knowledge about this case and therefore, he was not appearing and in the meantime the co-accused Nand Kishore Bhuiyan who had faced the trial vide S.T. No. 45 of 2011 and after facing the full-fledged trial the said co-accused Nand Kishore Bhuiyan has been acquitted by judgement

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dated 14.11.2017 by the Court of learned Additional Sessions Judge-1, Chatra and the case of this petitioner stand on similar footing. Further, it has also been stated in para-21 of the petition that this petitioner has two criminal antecedents i.e. Pratappur P. S Case No. 27 of 2003, (corresponding to S.T. No. 19 of 2014) and Pratappur P.S. Case No.02 of 2003, (corresponding to G.R. No. 17 of 2003) and in both the cases he has been acquitted vide judgement dated 29.07.2019 and 20.05.2016 respectively and this petitioner is in jail in the present case since 21.03.2024 and charge in this case has been framed and therefore, the petitioner deserves to be enlarged on jail.

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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 the petitioner is a member of extremist Organisation and therefore, he does not deserve to be enlarged on bail, although he did not deny the fact that the similarly situated co-accused namely Nand Kishore Bhuiyan who had faced the trial vide S.T. No. 45 of 2011 has been acquitted by judgement dated 14.11.2017.

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

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In the light of the submissions advanced on behalf of the parties 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 Principal District Judge, Chatra, in connection with Hunterganj P.S. Case No. 156 of 2009, dated 08.12.2009, S.T. No. 170 of 2024, subject to the condition as laid down under Section 439 of the Cr.P.C. and further, subject to the condition that the petitioner will appear before the learned Court below on each and every date as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail.

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(Navneet Kumar, J.)

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2 B.A. No.6115 of 2024

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D.S.

Sanjay Paswan v. the State of Jharkhand

Case brief

What is this about?

What the court decided

Sanjay Paswan v. the State of Jharkhand

Case brief

What is this about?

What the court decided

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