Md. Atik Alias Atik Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Md. Atik Alias Atik Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail upon furnishing bail bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Dhanbad, in connection with Chirkunda P.S. Case No. 166 of 2024 / G.R. Case No. 1613 of 2024.

Issue for consideration

Whether petitioner Md. Atik @ Atik, accused in Chirkunda P.S. Case No. 166 of 2024 (G.R. Case No. 1613 of 2024) for offences under Sections 25(1-B)(a), 26 & 35 of the Arms Act pending before the learned Chief Judicial Magistrate, Dhanbad, should be released on bail.

Court's answer

Having heard the parties and considered the submissions made above — including that the petitioner stands on similar footing to co-passenger Rohan Kaushik, already granted bail by a Coordinate Bench in B.A. No. 7254/2024, a fact the State did not dispute — the author was inclined to release the petitioner on bail.

Ratio / Principle

The petitioner is directed to be released on bail upon furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Dhanbad, in connection with Chirkunda P.S. Case No. 166 of 2024 / G.R. Case No. 1613 of 2024.

Detailed headnote1 paragraphs

BAIL GRANTED — Arms Act offences. By B.A. No. 9345 of 2024 (High Court of Jharkhand at Ranchi, Justice Ambuj Nath, decided 12.11.2024), Md. Atik @ Atik, accused in Chirkunda P.S. Case No. 166 of 2024 / G.R. Case No. 1613 of 2024 under Sections 25(1-B)(a), 26 and 35 of the Arms Act, pending before the learned Chief Judicial Magistrate, Dhanbad, was directed to be released on bail. The petitioner had been apprehended by Chirkunda Police on 11.07.2024 while traveling in a Maruti Suzuki vehicle (Regn. No. DL8CAK-1231), from which one country-made pistol and two live cartridges were recovered on search. Grant rested on parity of footing: co-passenger Rohan Kaushik had been granted bail by a Coordinate Bench of the Court in B.A. No. 7254/2024, and the State — though represented through its A.P.P. opposing the prayer — did not dispute that fact. Conditions: bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Dhanbad.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9345 of 2024

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Md. Atik @ Atik, aged about 20 years, son of Late Md. Alam @ Lt. Md. Alam, resident of House No.556, Basti Nizamuddin, P.O & P.S. Nizamuddin, District New Delhi. …... …. Petitioner(s)

…... …. Petitioner(s) Versus .…. …. Opp. Party --------

Versus

The State of Jharkhand

CORAM : HON’BLE MR. JUSTICE AMBUJ NATH

-------For the Petitioner(s) : Mr. Rohan Mazumdar, Advocate For the State : Mrs. Kumari Rashmi, A.P.P --------

02/ Dated 12.11.2024

Heard the parties.

The petitioner has been made accused in connection with Chirkunda P.S. Case No. 166 of 2024, corresponding to G.R. Case No. 1613 of 2024, for the offences registered under Sections 25(1-B)(a), 26 & 35 of the Arms Act, pending in the court of learned Chief Judicial Magistrate, Dhanbad.

On 11.07.2024, Chirkunda Police apprehended the petitioner alongwith co-accused persons while they were traveling on a Maruti Suzuki vehicle bearing registration No. DL8CAK-1231. On search, one country made pistol and two live cartridges were recovered from the said vehicle.

It was submitted that Rohan Kaushik, who was also travelling on the aforesaid vehicle, has been granted bail by the Coordinate Bench of this Court in B.A. No. 7254/2024 and the case of the petitioner stands on similar footing.

Learned A.P.P on behalf of the State has opposed the prayer for bail but does not dispute the aforesaid fact.

Considering the submissions made above, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to 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 Chief Judicial Magistrate, Dhanbad, in connection with Chirkunda P.S. Case No. 166 of 2024, corresponding to G.R. Case No. 1613 of 2024.

(Ambuj Nath, J.)

BS/-