Allowed¶13

Mukhtar Ansari Alias Muktar Ansari v. the State of Jharkhand

Jharkhand HC16 Apr 2024A.B.A./620/2024

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; A.B.A.; Section 438(2) CrPC; Sections 379 and 461 IPC; theft of scrap; purchase of stolen diesel; confessional statement of co-accused; parity with co-accused already on anticipatory bail (A.B.A. No. 1217 of 2024); Sisai P.S. Case No. 115 of 2023; Sub-Divisional Judicial Magistrate, Gumla; Mukhtar Ansari v. State of Jharkhand; High Court of Jharkhand at Ranchi; Sanjay Kumar Dwivedi, J.; bail bond Rs. 25,000/-; surrender within three weeks.

What did the court decide?

Anticipatory bail: petitioner to surrender within three weeks and, upon surrender/arrest, be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Gumla, subject to conditions under Section 438(2) CrPC. ¶13

Mukhtar Ansari Alias Muktar Ansari Vs the State of… — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Sisai P.S. Case No. 115 of 2023 for alleged offences under Sections 379 and 461 IPC, should be granted anticipatory bail.

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Court's answer

Anticipatory bail granted: the petitioner's name surfaced only on the basis of the confessional statement of the apprehended co-accused, who had already been granted anticipatory bail by this Court in A.B.A. No. 1217 of 2024; in view of the attending facts and circumstances, the Court was inclined to grant anticipatory bail.

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Ratio / Principle

Petitioner directed to surrender before the learned Court within three weeks; in the event of surrender/arrest, to be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Gumla, in connection with Sisai P.S. Case No. 115 of 2023, subject to conditions under Section 438(2) CrPC.

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Detailed headnote1 paragraphs

Anticipatory Bail — Application allowed. Petitioner's name surfaced only in the confessional statement of the apprehended co-accused, who had already been granted anticipatory bail by the High Court of Jharkhand in A.B.A. No. 1217 of 2024; on parity and attending facts and circumstances, anticipatory bail granted in Sisai P.S. Case No. 115 of 2023 (Sections 379 and 461 IPC, pending before learned Sub-Divisional Judicial Magistrate, Gumla). Petitioner directed to surrender within three weeks; on surrender/arrest to be released on bail bonds of Rs. 25,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) CrPC (Sanjay Kumar Dwivedi, J.).

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 620 of 2024

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Mukhtar Ansari @ Muktar Ansari @ Moktar Ansari … Petitioner -Versus-

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The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Amit Kumar Choubey, Advocate For the State : Mr. Naveen Kumar Gaunjhu, A.P.P.

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04/16.04.2024 Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is apprehending his arrest in connection with Sisai P.S. Case No. 115 of 2023, for the alleged offences under Sections 379 and 461 of the Indian Penal Code, pending in the Court of learned Sub-Divisional Judicial Magistrate, Gumla.

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Learned counsel appearing for the petitioner submits that the name of the petitioner has come on the basis of confessional statement of the apprehended co-accused and the allegations are made that scrap was stolen from a shop. He further submits that the co-accused has been provided privilege of anticipatory bail by this Court in A.B.A. No.1217 of 2024 and the only allegation in the FIR is that the petitioner used to purchase stolen diesel from the apprehended accused person.

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Learned counsel for the State opposed the prayer on the ground that scraps were stolen from the shop, for that the FIR has been registered.

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Considering that the name of the petitioner has come on the basis of confessional statement of the apprehended co-accused and further coaccused has already been provided privilege of anticipatory bail by this

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-1- A.B.A. No. 620 of 2024

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Court in the aforesaid A.B.A. and in view of the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner.

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Accordingly, the petitioner, named above, is directed to surrender before the learned Court within three weeks from today and in the event of his surrender / arrest, he will be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand), with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Gumla, in connection with Sisai P.S. Case No. 115 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sanjay Kumar Dwivedi, J.)

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Ajay/

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-2- A.B.A. No. 620 of 2024

Mukhtar Ansari Alias Muktar Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mukhtar Ansari Alias Muktar Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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