Allowed

Harshit Guria Alias Boyda v. the State of Jharkhand

Jharkhand HC2 Sept 2024B.A./6430/2024

Case brief

AI extract

What is this about?

Regular bail application by an accused arrested with live cartridges and a country-made loaded pistol in an extortion/rangdari case under IPC, Arms Act and Criminal Amendment Act. Court noted parity with an enlarged co-accused, custody period and filed charge-sheet, and enlarged the petitioner on bail.

What did the court decide?

Petitioner enlarged on bail on Rs.25,000/- bail bond with two like sureties, subject to trial cooperation and appearance before court below.

Harshit Guria Alias Boyda 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.6430 of 2024

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Harshit Guria @ Boyda, aged about 24 years, son of Suraj Guria, Resident of Village-Husir, Pahantoli, P.O. and P.S. – Tapkara, District- Khunti

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..... Petitioner

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Versus

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The State of Jharkhand …. Opp. Party

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CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR

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For the Petitioner : Mr. Amit Kumar Choubey, Advocate For the State : Mr. Sanjay Kr. Srivastava, APP -----

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3/02.09.2024 Heard learned counsel appearing for the petitioner and learned APP appearing for the State.

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The petitioner is an accused in connection with Rania P.S. Case No.14 of 2024 dated 17.04.2024, registered under Sections 385, 386, 387, 120-B and 34 of Indian Penal Code, under Sections 25(1-b)a, 25(6), 26/35 of the Arms Act and under Section 17 of the Criminal Amendment Act, who is in jail since 17.4.2024.

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Learned counsel appearing on behalf of the petitioner submitted that as per the allegation in the FIR, the petitioner has been arrested along with four live cartridges and country made loaded pistol. It is further submitted that although the petitioner has criminal antecedent but he is in on bail in the earlier instituted case.

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It is further been submitted that the similarly situated co-accused Prakash Pramanik, who was also caught red-handed on the spot along with arms and ammunitions has been enlarged on bail by the co-ordinate Bench of this Court in B.A. No.5787 of 2024 vide order dated 01.08.2024.

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It is further submitted on behalf of the petitioner that there is allegation of extortion and rangdari , but no victim has come forward to support in this regard.

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It is further submitted on behalf of the petitioner that the petitioner is in jail since 17.04.2024 and the charge-sheet in this case has been submitted and therefore the possibility of tampering with the evidence is very remote and therefore, the petitioner deserves to be enlarged on bail.

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On the other hand, the learned APP opposed the prayer for bail submitting that the petitioner is man of criminal history and area commander of PLFI and therefore he does not deserve to be enlarged on bail, although the learned APP did not controvert this fact that the other similarly situated co-

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R.Kumar

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accused Prakash Pramanik has been enlarged on bail by the co-ordinate Bench of this Court in B.A. No.5787 of 2024 vide order dated 01.08.2024.

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Heard learned counsel for the parties, perused the record of this case.

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Having taken into consideration the persuasive submissions advanced on behalf of the petitioner, it is found just and fair to enlarge the petitioner on bail.

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Accordingly, petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Sub-Divisional Judicial Magistrate, Khunti, in connection with Rania P.S. Case No.14 of 2024, subject to the condition that the petitioner will cooperate in the trail and will appear before the learned court below on each and every date as and when required by them, failing which, appropriate order shall be passed by the learned court below for the cancellation of bail in accordance with law.

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(Navneet Kumar, J.)

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Harshit Guria Alias Boyda v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Harshit Guria Alias Boyda v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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