Jharkhand High Court
Md Jasim Sah Alias Manjhi Mian And Anr vs The State Of Jharkhand on 26 February, 2014
Author: H.C.Mishra
Bench: H.C.Mishra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A No. 1157 of 2014
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Umesh Mandal .... Petitioner
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The State of Jharkhand ..... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioner : : M/s. Chandra S. Prasad
For the State : : M/s. A.P.P.
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2/ 26.02.2014. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with Ahilyapur P.S. Case No.20 of 2012, corresponding to G.R No.2043 of 2012, S.T. No. 158 of 2013, for the offence under Sections 342/ 326/ 307/ 302/ 34 of the Indian Penal Code.
There is direct allegation against the petitioner to have assaulted the father of the informant by knife causing his death. The informant is the eye witness to the occurrence.
In the facts of this case, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner Umesh Mandal, is hereby rejected.
(H.C.Mishra, J.) D.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 848 of 2014
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Budhdeo Oraon .... Petitioner
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The State of Jharkhand ..... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioner : : M/s. Ranjan Kumar
For the State : : M/s. A.P.P.
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2/ 26.02.2014. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with Lohardaga (Mahila) P.S. Case No.2 of 2012, corresponding to G.R No.66 of 2012, S.T. No. 107 of 2012, for the offence under Section 364 of the Indian Penal Code.
The case was instituted on the basis of the complaint filed by the informant, who is the mother of the deceased. There being direct allegation against the petitioner to have sexually exploited the victim girl and the marriage was performed in the police station under the pressure of the villagers and thereafter the victim became traceless, as also in view of the fact that the petitioner had confessed before the police that he had committed the murder of the deceased and had cremated the dead body, the bail application of the petitioner was earlier rejected on merits by order dated 08.07.2013 in B.A. No. 2041 of 2013.
Learned counsel for the petitioner has renewed the prayer for bail. In the facts of this case, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner Budhdeo Oraon, is hereby rejected.
(H.C.Mishra, J.) D.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 1031 of 2014
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Ganesh Mahto @ Ganesh Yadav .... Petitioner
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The State of Jharkhand ..... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioner : : M/s. Shree Nivas Roy
For the State : : M/s. A.P.P.
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2/ 26.02.2014. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with Bagodar (Saria) P.S. Case No.111 of 2004, corresponding to G.R No.873 of 2004, S.T. No. 449 of 2005A, for the offence under Sections 147/ 148/ 341/ 342/ 325/ 302/ 448/ 427 of the Indian Penal Code.
Three persons were murdered due to enmity and the F.I.R. was lodged against several persons. In the F.I.R. there is specific allegation against four persons, including the petitioner, to have entered the house of the informant and to have committed the murder of three persons. The bail application of this petitioner was earlier rejected on merits by order dated 29.8.2013 in B.A. No. 6031 of 2013.
Learned counsel for the petitioner has renewed the prayer for bail submitting that the other co-accused persons in the similar circumstance have been granted bail.
In the facts of this case, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner Ganesh Mahto @ Ganesh Yadav, is hereby rejected.
(H.C.Mishra, J.) D.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 1112 of 2014
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Jirauli Ansari .... Petitioner
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The State of Jharkhand ..... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioner : : M/s. Dilip Kr. Chakraverty
For the State : : M/s. A.P.P.
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4/ 26.02.2014. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with Siyaljori P.S. Case No.33 of 2013, corresponding to G.R No.961 of 2013, for the offence under Sections 341, 323, 386/ 34 of the Indian Penal Code.
The petitioner was apprehended with five other persons while realising money from the vehicles by using force. The bail application of this petitioner was earlier rejected on merits by order dated 21.09.2013 in B.A. No. 7371 of 2013.
Learned counsel for the petitioner has renewed the prayer for bail submitting that the petitioner is in custody since 14.6.2013.
In the facts of this case, taking into consideration the period of custody of the petitioner, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, Jirauli Ansari, is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Neeraj Kumar, learned Judicial Magistrate, 1st Class, Bokaro, or his successor, in connection with, Siyaljori P.S. Case No.33 of 2013, corresponding to G.R No.961 of 2013.
(H.C.Mishra, J.) D.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 1138 of 2014
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1. Arjun Yadav
2. Manish Prasad Gupta @ Manish Gupta
3. Arun Kumar Nageshiya @ Arun Nagesia .... Petitioners
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The State of Jharkhand ..... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioners : : M/s. Surendra Prasad Sinha
For the State : : M/s. A.P.P.
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2/ 26.02.2014. Heard learned counsel for the petitioners and the learned counsel for the State.
The petitioners have been made accused in connection with Bhandariya P.S. Case No.06 of 2012, corresponding to G.R No.161 of 2012, S.T. No. 408 of 2012, for the offence under Sections 147/ 148/ 149/ 341/ 342/ 364/ 353/ 379/ 120-B of the Indian Penal Code, Section 27 of the Arms Act, Sections 38/ 39 of the Unlawful Activities Prevention Act and Section 17 of the C.L.A. Act.
One Smt. Sushma Mehta, the Chairman of District Broad and her bodyguard were abducted by the members of the extremist group. Prior to that there was an explosion of land mines, in which the vehicle of the police was exploded and several police personnel were killed. The bail application of these petitioners was earlier rejected on merits by order date 20.8.2013 in B.A. No. 4452 of 2013.
Learned counsel for the petitioners has renewed the prayer for bail submitting that the other co-accused Deosagar Yadav has been granted bail by order dated 29.4.2013 in B.A. No. 2073 of 2013, in view of the fact that five witnesses including the victim had been examined during trial, but they did not identify any one. The said order also showed that no witness was named in the charge-sheet and it was only stated that the witnesses were to be examined as per the case diary. On the same ground, the other co-accused Mohan Yadav has also been granted bail by order dated 22.7.2013 in B.A. No. 3158 of 2013.
In the facts of this case, I am inclined to release the petitioners, on bail. Accordingly, the petitioners, Arjun Yadav, Manish Prasad Gupta @ Manish Gupta & Arun Kumar Nageshiya @ Arun Nagesia, are directed to be released on bail, on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Garhwa, in connection with, Bhandariya P.S. Case No.06 of 2012, corresponding to G.R No.161 of 2012, S.T. No. 408 of 2012.
(H.C.Mishra, J.) D.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 1159 of 2014
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Chhita Soren .... Petitioner
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The State of Jharkhand ..... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioner : : M/s. Anjani Kumar
For the State : : M/s. A.P.P.
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2/ 26.02.2014. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with Chakulia P.S. Case No.61 of 2013, corresponding to G.R No.362 of 2013, for the offence under Sections 147, 148, 149, 342, 324, 323, 325, 326 and 307 of the Indian Penal Code.
There is allegation against the petitioner and the other co-accused persons to have assaulted the informant and other persons at the time of ploughing the land in dispute. There is only omnibus allegation against this petitioner.
In the facts of this case, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, Chhita Soren, is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Dinesh Kumar, learned Judicial Magistrate, 1st Class, Ghatsila, or his successor, in connection with, Chakulia P.S. Case No.61 of 2013, corresponding to G.R No.362 of 2013.
(H.C.Mishra, J.) D.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 1160 of 2014
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1. Md. Islam
2. Md. Arshad .... Petitioners
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The State of Jharkhand ..... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioners : : M/s. A.Kr. Chaturvedy
For the State : : M/s. A.P.P.
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4/ 26.02.2014. Heard learned counsel for the petitioners and the learned counsel for the State.
The petitioners have been made accused in connection with Lawalong P.S. Case No.11 of 2011, corresponding to G.R No.406 of 2011, for the offence under Sections 341, 323, 302/ 34 of the Indian Penal Code.
From the F.I.R., it appears that the informant was being assaulted by the petitioners and the other co-accused persons, alleging that he was involved in elopement of a girl. The mother of the informant came to his rescue, whereupon she was also assaulted, who subsequently died.
Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in this case and after investigation, the police has submitted charge-sheet under Section 304 of the Indian Penal Code.
The submission of the learned counsel for the petitioners finds supports from the impugned order also.
In the facts of this case, I am inclined to release the petitioners, on bail. Accordingly, the petitioners, Md. Islam & Md. Arshad, are directed to be released on bail, on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Civil Judge, Junior Division-I, Chatra, in connection with, Lawalong P.S. Case No.11 of 2011, corresponding to G.R No.406 of 2011.
(H.C.Mishra, J.) D.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 1161 of 2014
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Mahendra Kumar @ Mahendra Kumar Prajapati .... Petitioner
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The State of Jharkhand ..... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioner : : M/s. Manoj Kr. Dash
For the State : : M/s. A.P.P.
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2/ 26.02.2014. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with Adityapur P.S. Case No.262 of 2013, corresponding to G.R No.1033 of 2013, for the offence under Sections 467, 468, 471, 120-B of the Indian Penal Code and Sections 25(1-B)(a), 26/ 35 of the Arms Act.
The co-accused was apprehended and from his possession some fire arms and licenses were recovered which were found to be forged. One license was also recovered in the name of this petitioner.
In the facts of this case, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, Mahendra Kumar @ Mahendra Kumar Prajapati, is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Seraikella, in connection with, Adityapur P.S. Case No.262 of 2013, corresponding to G.R No.1033 of 2013.
(H.C.Mishra, J.) D.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 1289 of 2014
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Pintu Keshari @ Pintu Sao .... Petitioner
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The State of Jharkhand ..... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioner : : M/s. Jitendra Shankar Singh
For the State : : M/s. A.P.P.
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2/ 26.02.2014. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with Balumath P.S. Case No.28 of 2010, corresponding to N.D.P.S. Case No. 11A of 2010, for the offence under Sections 15, 18, 22, 27 of the Narcotic Drugs and Psychotropic Substance Act.
The petitioner is alleged to be involved in posta plantation. The petitioner was not apprehended at the spot.
In the facts of this case, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, Pintu Keshari @ Pintu Sao, is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Latehar, in connection with, Balumath P.S. Case No.28 of 2010, corresponding to N.D.P.S. Case No. 11A of 2010.
(H.C.Mishra, J.) D.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 440 of 2014
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Manoj Kumar .... Petitioner
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The State of Jharkhand ..... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioner : : M/s. Ashok Kr. Sinha (4)
For the State : : M/s. A.P.P.
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4/ 26.02.2014. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with Lalpur P.S. Case No.64 of 2012, corresponding to G.R. No. 1128 of 2012, for the offence under Sections 419/ 420/ 34 of the Indian Penal Code.
In view of the allegations against the petitioner to have taken security money from several persons in the name of employment and to have fled away with the money, the bail applications of this petitioner were earlier rejected twice on merits and his bail application has also been rejected by the Hon'ble Supreme Court of India.
The petitioner has made prayer for provisional bail for a period of one month in view of the illness of his mother, who is suffering from chronic neurological disorder and she has been referred for her treatment to C.M.C. Vellore.
In view of the illness of the mother of the petitioner, I am inclined to grant provisional bail to the petitioner, Manoj Kumar, for a period of one month, subject to the condition that the petitioner shall deposit a demand draft of Rs.50,000/- in the Court below drawn in the name of the State of Jharkhand.
If the petitioner deposits the demand draft as stated above, the petitioner shall be released on provisional bail for a period of one month, on furnishing bail bond of Rs.25,000/-(Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of Sri Chandan, learned Judicial Magistrate, Ranchi, or his successor, in connection with, Lalpur P.S. Case No.64 of 2012, corresponding to G.R. No. 1128 of 2012.
The petitioner shall surrender in the Court below one or before the date of expiry of his provisional bail, failing which the money deposited by the petitioner shall stand forfeited and the demand draft shall be deposited in the Government Account and the Court below shall issue process compelling the production of the petitioner in the Court below. If the petitioner surrenders in the Court below on or before the expiry of his provisional bail, the demand draft deposited by the petitioner shall be refunded back to him.
This application is accordingly, disposed of, with the directions as above.
(H.C.Mishra, J.) D.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 1209 of 2014
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Dev Kumar Rajak .... Petitioner
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The State of Jharkhand ..... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioner : : M/s. Lina Shakti
For the State : : M/s. A.P.P.
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2/ 26.02.2014. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with Patratu (Bhurkunda) P.S. Case No.219 of 2013, corresponding to G.R. No. 3409 of 2013, for the offence under Section 406 of the Indian Penal Code.
There is allegation against the petitioner to have hired the vehicle of the informant and thereafter, he became traceless with the vehicle.
In the facts of this case, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, Dev Kumar Rajak, is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Satyakam Priyadarshi, learned Judicial Magistrate, 1 st Class, Hazaribag, or his successor, in connection with, Patratu (Bhurkunda) P.S. Case No.219 of 2013, corresponding to G.R. No. 3409 of 2013.
(H.C.Mishra, J.) D.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 1211 of 2014
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Subhash Mandal .... Petitioner
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The State of Jharkhand ..... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioner : : M/s. Anjani Kr. Singh
For the State : : M/s. A.P.P.
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2/ 26.02.2014. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with Bhelwaghati P.S. Case No.32 of 2013, corresponding to G.R. No. 4096 of 2013, for the offence under Sections 498-A/ 323/ 34 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act.
The petitioner is the husband of the informant and there is allegation against him to have subjected his wife to cruelty and torture for demand of dowry.
In the facts of this case, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, Subhash Mandal, is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri P.K. Goswami, learned Judicial Magistrate, 1st Class, Giridih, or his successor, in connection with, Bhelwaghati P.S. Case No.32 of 2013, corresponding to G.R. No. 4096 of 2013.
(H.C.Mishra, J.) D.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 1212 of 2014
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Manoj Sonar @ Manoj Verma .... Petitioner
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The State of Jharkhand ..... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioner : : M/s. Manoj Kr. Mishra
For the State : : M/s. A.P.P.
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2/ 26.02.2014. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with Patratu (Bhadaninagar) P.S. Case No.87 of 2011, corresponding to G.R. No. 1234 of 2011, for the offence under Sections 406/ 420 of the Indian Penal Code.
From the F.I.R. it appears that the petitioner and the other co-accused persons were engaged in construction work and they had taken certain machineries on rent from the informant on monthly rent of rupees thirty thousand, but they did not pay the rent, except rupees ten thousand to the informant. It is also alleged that the machines were sold away.
It is submitted that the other co-accused persons have been granted bail.
In the facts of this case, I am inclined to release the petitioner on bail. Accordingly, the petitioner, Manoj Sonar @ Manoj Verma, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Satyakam Priyadarshi, learned Judicial Magistrate, 1 st Class, Hazaribag, or his successor, in connection with, Patratu (Bhadaninagar) P.S. Case No.87 of 2011, corresponding to G.R. No. 1234 of 2011.
(H.C.Mishra, J.) D.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 1216 of 2014
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1. Md. Jasim Sah @ Manjhi Mian
2. Saddam Mian @ Karu @ Saddam .... Petitioners
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The State of Jharkhand ..... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioners : : M/s. Rashmi Kumari
For the State : : M/s. A.P.P.
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2/ 26.02.2014. Heard learned counsel for the petitioners and the learned counsel for the State.
The petitioners have been made accused in connection with Koderma P.S. Case No.222 of 2013, corresponding to G.R. No. 1026 of 2013, for the offence under Sections 395, 397, 427 of the Indian Penal Code and Section 27 of the Arms Act.
The case relates to dacoity and the case was instituted against unknown.
The impugned order shows that the petitioners were apprehended and from their possession fire arms and cartridges were recovered. The petitioners are in custody since 18.7.2013.
In the facts of this case, I am inclined to release the petitioners on bail. Accordingly, the petitioners, Md. Jasim Sah @ Manjhi Mian & Saddam Mian @ Karu @ Saddam, are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M. Koderma, in connection with, Koderma P.S. Case No.222 of 2013, corresponding to G.R. No. 1026 of 2013.
(H.C.Mishra, J.) D.S. IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 1217 of 2014
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Gyasuddin Ansari .... Petitioner
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The State of Jharkhand ..... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioner : : M/s. Shashank Shekhar Prasad
For the State : : M/s. A.P.P.
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4/ 26.02.2014. Heard learned counsel for the petitioner and the learned counsel for the State.
It is submitted by learned counsel for the petitioner that there is some defect in the F.I.R., and he has produced the certified copy of the F.I.R. Let the same be kept on record.
The petitioner has been made accused in connection with Ramkanda P.S. Case No.50 of 2013, corresponding to G.R. No. 3034 of 2013, for the offence under Sections 304-B, 498-A/ 34 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act.
The petitioner is the father-in-law of the deceased and the case was instituted on the basis of the complaint filed by the brother of the deceased. Though there is allegation against the petitioner and the co-accused persons to have subjected the deceased to cruelty and torture for demand of dowry, but it appears from the complaint petition that the deceased was in the house of the complainant, where she was undergoing treatment and she died during the course of treatment.
In the facts of this case, I am inclined to release the petitioner on bail. Accordingly, the petitioner, Gyasuddin Ansari, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Garhwa, in connection with, Ramkanda P.S. Case No.50 of 2013, corresponding to G.R. No. 3034 of 2013.
(H.C.Mishra, J.) D.S.