Sheopujan Kumar Alias Shiv Saryam Kumar Dangi Alias Shiv… — Anticipatory Bail | Jharkhand HC (2024)

Sheopujan Kumar Alias Shiv Saryam Kumar Dangi Alias Shiv… — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, on arrest or surrender before the court below within three weeks, to be released on bail on furnishing a bail bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate 1st Class, Chatra, in connection with Rajpur P.S. Case No.42 of 2024, subject to the conditions under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023; petitioner had undertaken to co-operate in the ongoing investigation.

Issue for consideration

Whether the petitioner, who per counsel has been implicated in the present case on the alleged confessional statements of co-accused Rohit Dangi and Laukesh Kumar (with alleged recovery of L.T. cable of 13 poles and incriminating articles from their houses) and against whom there is allegedly no other cogent material connecting him with the offence, should be granted anticipatory bail in Rajpur P.S. Case No.42 of 2024 (S.305(e) BNS 2023). +1 more

Ratio / Principle

Having heard learned counsel for the parties and on consideration of the materials available on record, the Court was inclined to enlarge the petitioner on anticipatory bail.

Key takeaways

In the event of his arrest or surrender before the court below within three weeks, the petitioner shall be released on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate 1st Class, Chatra, in connection with Rajpur P.S. Case No.42 of 2024.ratio¶9
The anticipatory bail grant is subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶9

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED (High Court of Jharkhand, Ranchi — Justice Rajesh Shankar, A.B.A. No.6605 of 2024, Order No.03 dated 18.11.2024): Petitioner apprehending arrest in Rajpur P.S. Case No.42 of 2024, registered under S.305(e) of Bharatiya Nyaya Sanhita, 2023, enlarged on anticipatory bail. Counsel submitted that the petitioner had been implicated on the alleged confessional statements of co-accused Rohit Dangi and Laukesh Kumar (alleged recovery of L.T. cable of 13 poles from their houses) with no other cogent material connecting him to the offence, and that similarly situated co-accused Pankaj Kumar Dangi @ Pankaj Dangi and Animesh Kumar had already been granted anticipatory bail on 11.11.2024 in A.B.A. No.6314 of 2024; petitioner stated to have no criminal antecedent and undertaken to co-operate in ongoing investigation. Release conditioned on arrest/surrender before the court below within three weeks, bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Chatra, subject to conditions under S.482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6605 of 2024

Sheopujan Kumar @ Shiv Saryam Kumar Dangi @ Shiv Suryam Kumar, S/o Mahendra Dangi, R/o Village-Rajpur, P.O. & P.S.-Rajpur, District-Chatra.

.......... Petitioner. -VersusThe State of Jharkhand .......... Opp. Party. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner : Mr. Rohan Mazumdar, Advocate For the State : Mr. Subodh Kumar Dubey, A.P.P. ----- Order No.03 Date: 18.11.2024

The petitioner is apprehending his arrest in connection with Rajpur P.S. Case No.42 of 2024 registered under Section 305(e) of Bharatiya Nyaya Sanhita, 2023.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. He has been implicated in the present case on the alleged confessional statements of co-accused Rohit Dangi and Laukesh Kumar, as the person who was also involved in theft of L.T. cable of 13 poles. There is alleged recovery of L.T. cable and other incriminating articles from the house of the aforesaid co-accused persons. So far as the petitioner is concerned, except the alleged confessional statements of the said co-accused, there is no other cogent material to connect him with the alleged offence. Similarly situated co-accused-Pankaj Kumar Dangi @ Pankaj Dangi and Animesh Kumar have already been granted anticipatory bail by this Court vide order dated

11^th November, 2024 passed in A.B.A. No.6314 of 2024. The petitioner has no criminal antecedent as has been stated in paragraph no.11 of the present anticipatory bail application. He also undertakes to co-operate in ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

Learned A.P.P. opposes the petitioner’s prayer for grant of anticipatory bail.

Having heard learned counsel for the parties and on consideration of the materials available on record, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner, above named, in the event of his arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Chatra in connection with Rajpur P.S. Case No.42 of 2024 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rajesh Shankar, J.)

Vikas/

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A.B.A. No.6605 of 2024