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[Cites 34, Cited by 0]

Jharkhand High Court

Sandip Oraon vs The State Of Jharkhand on 22 May, 2017

Author: Anant Bijay Singh

Bench: Anant Bijay Singh

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           A.B.A.No. 2862 of 2017
         Md. Tauhid Ali                                ..... Petitioner
                               Versus
         The State of Jharkhand                        .... Opposite party
                          ---------

CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. Md. Zaid Ahmed, Adv.

         For the Opposite party       : APP
                            ---------
02/Dated: 22.05.2017

Heard learned counsel for the petitioner and learned counsel for the State & informant.

The defects as pointed out by the office is hereby ignored.

The petitioner is apprehending his arrest in connection with the case registered under Sections 11(1) a,c,d,e,f,h,l,k,38/3 and 29(1) (2) of Prevention from Cruelty to Animal Act, Rule 47. 48, 50, 52, 54, 56 (c ) of transport and improvement Act, and Section 3 , 4

(a) (b) (d) , 5, 6, 12, (1), (2) (3), 13, 15, 16 of Jharkhand Bovine Animal Prohibition of Slaughter Act.

Learned counsel for the petitioner has submitted that the petitioner is the owner of truck bearing registration no.WB 19G 6292.

Learned APP has opposed the prayer for bail. Be that as it may, I am inclined to admit the petitioner on anticipatory bail. The petitioner is directed to surrender in the court below within four weeks and in the event of his arrest or surrender, the court below shall release him on bail on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.Dhanbad, in connection with Complaint Case No.594/2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Subject to further condition is that on the date of surrender, petitioner shall deposit Rs. 10,000/- in the court below and one bailor should be local resident of Dhanbad.

The aforesaid deposit is subject to the result of the case.

(Anant Bijay Singh, J.) Fahim/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 2857 of 2017 Fahruzzama Khan @ Fakhruzzama Khan ..... Petitioner Versus The State of Jharkhand .... Opposite party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. Md. Zaid Ahmed, Adv.

         For the Opposite party       : APP
                              ---------
02/Dated: 22.05.2017

Heard learned counsel for the petitioner and learned counsel for the State & informant.

The petitioner is apprehending his arrest in connection with the case registered under Sections 11(1) a,c,d,e,f,h,l,k,38/3 and 29(1) (2) of Prevention from Cruelty to Animal Act, Rule 47. 48, 50, 52, 54, 56 (c ) Transport of Cattles Act, , and Section 3 , 4 (a) (b) (d) , 5, 6, 12, (1), (2) (3), 13, 15, 16 of Jharkhand Bovine Animal Prohibition of Slaughter Act.

Learned counsel for the petitioner has submitted that the petitioner is the owner of truck bearing registration no.BR 02 AA 4613.

Learned APP has opposed the prayer for bail. Be that as it may, I am inclined to admit the petitioner on anticipatory bail. The petitioner is directed to surrender in the court below within four weeks and in the event of his arrest or surrender, the court below shall release him on bail on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.Dhanbad, in connection with Complaint Case No.593/2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Subject to further condition is that on the date of surrender, petitioner shall deposit Rs. 6,000/- in the court below and one bailor should be local resident of Dhanbad.

The aforesaid deposit is subject to the result of the case.

(Anant Bijay Singh, J.) Fahim/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 2831 of 2017 With I.A.No.4312 of 2017 Sandip Oraon ..... Petitioner Versus The State of Jharkhand .... Opposite party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. Amit Kumar Sinha, Adv. For the Opposite party : Mr. Ravi Kumar Singh, APP

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02/Dated: 22.05.2017 The petitioner is apprehending his arrest in connection with the case registered under Sections 376, 323, 341, 506 of the IPC.

Learned counsel for the petitioner has submitted that the petitioner has not committed any offence as alleged in the F.I.R.

Learned APP has opposed the prayer for bail. Be that as it may, I am inclined to admit the petitioner on anticipatory bail. The petitioner is directed to surrender in the court below within four weeks and in the event of his arrest or surrender, the court below shall release him on bail on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Ranchi, in connection with Mandar P.S. Case No.119/16, corresponding to G.R. Case No.6760/16, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anant Bijay Singh, J.) Fahim/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 2822 of 2017 Monu Kumar ..... Petitioner Versus The State of Jharkhand & Anr. .... Opposite party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. Chandana Kumari, Adv.

         For the Opposite party       : APP
                          ---------
02/Dated: 22.05.2017
I.A.No.4358 of 2017

The instant I.A. has been filed for early hearing of this Anticipatory bail application.

Learned counsel for the petitioner is directed to take steps for issuance of notice upon O.P.No.2, for which requisites etc. must be filed within one week after summer vacation under both process.

List this case on 4.08.2017. On that date both the parties are directed to appear before this Court, so that in their presence, possibility of reconciliation may be explored.

Till then, no coercive steps shall be taken against the petitioner in connection with C.P.Case No.1597 of 2016, T.R. No.781 of 2017, pending in the court of learned J.M., 1st Class, Dhanbad.

Accordingly, I.A.No.4358 of 2017 is hereby allowed.

(Anant Bijay Singh, J.) Fahim/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 2817 of 2017 Kaushlendra Prasad @ Kaushal ..... Petitioner Versus The State of Jharkhand .... Opposite party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. Gaurav, Adv.

         For the Opposite party       : APP
                          ---------
02/Dated: 22.05.2017
I.A.No.4380 of 2017

The instant I.A. has been filed for early hearing of this Anticipatory bail application.

Call for the case diary from the court concerned. List this case after six weeks.

Till then, no coercive steps shall be taken against the petitioner in connection with Khunti P.S. case No.27/2017, corresponding to G.R. No.61/2017, pending in the court of learned CJM, Khunti.

Accordingly, I.A.No.4380 of 2017 is hereby allowed and disposed of.

(Anant Bijay Singh, J.) Fahim/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 2816 of 2017 With I.A.No.4361 of 2017

1. Smt. Sihasni Devi

2. Smt. Savita Devi ..... Petitioners Versus The State of Jharkhand .... Opposite party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. J.N.Upadhyay, Adv.

          For the Opposite party       : APP
                            ---------
02/Dated: 22.05.2017

The petitioners are apprehending their arrest in connection with the case registered under Sections 147, 148, 149, 341, 323, 307, 353, 504, of the IPC.

Learned counsel for the petitioner has submitted that the petitioners have falsely implicated in this case.

Learned APP has opposed the prayer for bail. Be that as it may, I am inclined to admit the petitioners on anticipatory bail. The petitioners are directed to surrender in the court below within four weeks and in the event of their arrest or surrender, the court below shall release them on bail on their furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Jamshedpur, in connection with Bagbera P.S. Case No.82/16, corresponding to G.R. Case No.1319/16, subject to the condition as laid down under Section 438(2) of the Cr.P.C., subject to further condition is that on the date of surrender, petitioner shall deposit Rs. 7,000/- in the court below.

The aforesaid deposit is subject to the result of the case.

Accordingly, I.A. No.4361/17 stands disposed of.

(Anant Bijay Singh, J.) Fahim/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 2806 of 2017 With I.A.No.4354 of 2017 Lukman Ansari ..... Petitioner Versus The State of Jharkhand .... Opposite party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. Krishna Murari, Adv.

          For the Opposite party       : APP
                            ---------
02/Dated: 22.05.2017

The I.A.No.4354 of 2017 has been filed on behalf of the petitioner for early hearing.

The petitioner is apprehending his arrest in connection with the case registered under Sections 420, 467, 468, 471, and 120B, of the IPC.

Learned counsel for the petitioner has submitted that co-accused has been granted bail in ABA No.2578/17 vide order dated 11.05.2017 by this Court.

Learned APP has opposed the prayer for bail. Be that as it may, I am inclined to admit the petitioner on anticipatory bail. The petitioner is directed to surrender in the court below within four weeks and in the event of his arrest or surrender, the court below shall release him on bail on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Chaibasas, in connection with Gua P.S. Case No.28/16, corresponding to G.R. Case No.391/16, subject to the condition as laid down under Section 438(2) of the Cr.P.C., Accordingly, I.A. No.4354/17 stands disposed of.

(Anant Bijay Singh, J.) Fahim/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 2791 of 2017 With I.A.No.4362 of 2017 David Murmu ..... Petitioner Versus The State of Jharkhand .... Opposite party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. J.N.Upadhyay, Adv.

          For the Opposite party       : APP
                            ---------
02/Dated: 22.05.2017

The I.A.No.4362 of 2017 has been filed on behalf of the petitioner for early hearing.

The petitioner is apprehending his arrest in connection with the case registered under Sections 379 of the IPC and Section 4/54 of Jharkhand Minor Minerals Concession Rules, 2004 and Section 9 of J.M.T.R. Act.

Learned counsel for the petitioner has submitted that there is no iota of evidence to establish that the petitioner is involved in commission of the alleged offence.

Learned APP has opposed the prayer for bail. Be that as it may, I am inclined to admit the petitioner on anticipatory bail. The petitioner is directed to surrender in the court below within four weeks and in the event of his arrest or surrender, the court below shall release him on bail on his furnishing bail bond of Rs.10,000/- (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.17/17, corresponding to G.R. Case No.98/17, subject to the condition as laid down under Section 438(2) of the Cr.P.C., subject to further condition is that on the date of surrender, petitioner shall deposit Rs. 2,000/- in the court below.

The aforesaid deposit is subject to the result of the case.

Accordingly, I.A. No.4362/17 stands disposed of.

(Anant Bijay Singh, J.) Fahim/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 2790 of 2017 With I.A.No.4342 of 2017 Dindayal Prasad ..... Petitioner Versus The State of Jharkhand .... Opposite party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. Pravin Kumar, Adv.

          For the Opposite party       : APP
                            ---------
02/Dated: 22.05.2017

The I.A.No.4342 of 2017 has been filed on behalf of the petitioner for early hearing.

The petitioner is apprehending his arrest in connection with the case registered under Sections 7 of the Essential Commodities Act.

Learned counsel for the petitioner has submitted that the petitioner has not committed any offence as alleged in the F.I.R. and has been falsely implicated.

Learned APP has opposed the prayer for bail. Be that as it may, I am inclined to admit the petitioner on anticipatory bail. The petitioner is directed to surrender in the court below within four weeks and in the event of his arrest or surrender, the court below shall release him on bail on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Porahat at Chaibasa, in connection with Chakradharpur P.S. Case No.32/17, corresponding to G.R. Case No.105/17, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Accordingly, I.A. No.4342/17 stands disposed of.

(Anant Bijay Singh, J.) Fahim/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 2788 of 2017

1. Anita Das @ Rinki Das

2. Nilu Das @ Sunil Kr. Das @ Nilu

3. Sumitra Das ..... Petitioners Versus The State of Jharkhand & Anr. .... Opposite party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. J.N.Upadhyay, Adv.

         For the Opposite party        : APP
                          ---------
02/Dated: 22.05.2017
I.A.No.4366 of 2017

The instant I.A. has been filed on behalf of the petitioner for stay further proceeding before the court below during pendency of this anticipatory bail application.

Learned counsel for the petitioner is directed to take steps for issuance of notice upon O.P.No.2, for which requisites etc must be filed within one week after summer vacation under both process.

List this case after six weeks after summer vacation.

Till then, no coercive steps shall be taken against the petitioner in connection with Complain Case No.1084/15, pending in the court of learned Judicial Magistrate, 1st Class at Jamshedpur.

Learned counsel for the petitioner shall file the summoning order.

Accordingly, I.A.No.4366 of 2017 is hereby allowed and disposed of.

(Anant Bijay Singh, J.) Fahim/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 2783 of 2017 Shaligram Tewari @ Shaligram Tiwary ..... Petitioner Versus The State of Jharkhand & Anr. .... Opposite party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. Ashok Kr. Yadav, Adv.

         For the Opposite party          : APP
                          ---------
02/Dated: 22.05.2017
I.A.No.4348 of 2017

The instant I.A. has been filed on behalf of the petitioner for early hearing of the anticipatory bail application.

Learned counsel for the petitioner is directed to take steps for issuance of notice upon O.P.No.2, for which requisites etc must be filed within one week after summer vacation under both process.

List this case after six weeks after summer vacation.

Till then, no coercive steps shall be taken against the petitioner in connection with C.P.case No.2298/14, pending in the court of learned Judicial Magistrate, 1st Class at Dhanbad.

Accordingly, I.A.No.4348 of 2017 is hereby disposed of.

(Anant Bijay Singh, J.) Fahim/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 2774 of 2017 With I.A.No.4343 of 2017 Sailendra Bhagat ..... Petitioner Versus The State of Jharkhand .... Opposite party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. Durga C. Mishra, Adv.

          For the Opposite party       : APP
                            ---------
02/Dated: 22.05.2017

The I.A.No.4343 of 2017 has been filed on behalf of the petitioner for early hearing.

The petitioner is apprehending his arrest in connection with the case registered under Sections 414 of the IPC and Section 11 (1)(D) Prevention of Cruelty to Animal Act, Rule 96 of Transport of Animals Rules.

Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R nor anything has been recovered from the possession of this petitioner.

Learned APP has opposed the prayer for bail. Be that as it may, I am inclined to admit the petitioner on anticipatory bail. The petitioner is directed to surrender in the court below within four weeks and in the event of his arrest or surrender, the court below shall release him on bail on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Dumka, in connection with Hansdiha P.S. Case No.07/17, corresponding to G.R. Case No.71/17, subject to the condition as laid down under Section 438(2) of the Cr.P.C., subject to further condition is that on the date of surrender, petitioner shall deposit Rs. 8,000/- in the court below.

The aforesaid deposit is subject to the result of the case.

Accordingly, I.A. No.4343/17 stands disposed of.

(Anant Bijay Singh, J.) Fahim/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 2768 of 2017 With I.A.No.4352 of 2017

1. Birendra Mandal

2. Rajesh Mandal

3. Rohit Mandal

4. Mukesh Mandal

5. Pradeep Mandal

6. Pawan Mandal @ Pawan Kumar Mandal

7. Vijay Mandal @ Vijay Kumar Mandal ..... Petitioners Versus The State of Jharkhand .... Opposite party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. N.P.Choudhary, Adv. For the Opposite party : APP

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02/Dated: 22.05.2017 The I.A.No.4352 of 2017 has been filed on behalf of the petitioners for early hearing.

The petitioners are apprehending their arrest in connection with the case registered under Sections 353, 324, 325 of the IPC.

Learned counsel for the petitioner has submitted that the co-accused have been granted bail in ABA Nos. 718/17, 1103/17, 1465/17 vide order dated 17.3.2017 by this Court.

Learned APP has opposed the prayer for bail. Be that as it may, I am inclined to admit the petitioners on anticipatory bail. The petitioners are directed to surrender in the court below within four weeks and in the event of their arrest or surrender, the court below shall release them on bail on their furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Jamtara, in connection with Karmatanr P.S. Case No.179/16, corresponding to G.R. Case No.1108/16, subject to the condition as laid down under Section 438(2) of the Cr.P.C., subject to further condition is that on the date of surrender, petitioners shall deposit Rs. 4,000/- each in the court below.

The aforesaid deposit is subject to the result of the case.

Accordingly, I.A. No.4352/17 stands disposed of.

(Anant Bijay Singh, J.) Fahim/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 2764 of 2017 With I.A.No.4288 of 2017 Md. Jabir Khan ..... Petitioner Versus The State of Jharkhand .... Opposite party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. Mohit Prakash, Adv.

          For the Opposite party       : APP
                            ---------
02/Dated: 22.05.2017

The I.A.No.4288 of 2017 has been filed on behalf of the petitioner for early hearing.

The petitioner is apprehending his arrest in connection with the case registered under Sections 414/34 of the IPC and Section 11 Prevention of Cruelty Animal Act, and Section 12 Jharkhand Bovine Animal Slaughter Act.

Learned counsel for the petitioner has submitted that the petitioner has sold the vehicle to one Sahil Khan. It is further submitted that the petitioner is not the owner of the vehicle and has no concern with the seized cattle.

Learned APP has opposed the prayer for bail. Be that as it may, I am inclined to admit the petitioner on anticipatory bail. The petitioner is directed to surrender in the court below within four weeks and in the event of his arrest or surrender, the court below shall release him on bail on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gumla, in connection with Gumla P.S. Case No.333/16, corresponding to G.R. Case No.890/16, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Accordingly, I.A. No.4288/17 stands disposed of.

(Anant Bijay Singh, J.) Fahim/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 2762 of 2017 With I.A.No.4344 of 2017

1. Kaushlya Devi @ Koshila Devi

2. Vijay Das @ Vijay Kumar Das

3. Sukhdeo Das

4. Raj Kumar Das

5. Sunita Devi ..... Petitioners Versus The State of Jharkhand .... Opposite party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. S.K.Murty, Adv.

          For the Opposite party       : APP
                            ---------
02/Dated: 22.05.2017

The I.A.No.4344 of 2017 has been filed on behalf of the petitioner for early hearing.

The petitioners are apprehending their arrest in connection with the case registered under Sections 147, 337, 379 of the IPC.

Learned counsel for the petitioner has submitted that these petitioners have been falsely implicated at the instance of the informant and they have not committed any offence as alleged in the F.I.R.

Learned APP has opposed the prayer for bail. Be that as it may, I am inclined to admit the petitioners on anticipatory bail. The petitioners are directed to surrender in the court below within four weeks and in the event of their arrest or surrender, the court below shall release them on bail on their furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Giridih, in connection with Gandey P.S. Case No.24/17, corresponding to G.R. Case No.427/17, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Accordingly, I.A. No.4344/17 stands disposed of.

(Anant Bijay Singh, J.) Fahim/ IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A.No. 2761 of 2017 Tarkeshwar Ojha ..... Petitioner Versus The State of Jharkhand .... Opposite party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. Ashok Kr., Adv. For the Opposite party : Mr. Sudhir Kumar, Spl. APP

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02/Dated: 22.05.2017 List this case on 05.06.2017.

(Anant Bijay Singh, J.) Fahim/ IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 2758 of 2017 Chandan Kumar Mandal ..... Petitioner Versus The State of Jharkhand & Anr. .... Opposite party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner : Mr. Manoj Kumar Sah, Adv.

         For the Opposite party          : APP
                          ---------
02/Dated: 22.05.2017
I.A.No.4351 of 2017

The instant I.A. has been filed on behalf of the petitioner for early hearing of the anticipatory bail application.

List this case along with ABA No.2683/2017. Till then, no coercive steps shall be taken against the petitioner in connection with Godda (T) P.S. Case No.157/2016, Corresponding to G.R. No.782/2016, pending in the court of learned CJM, Godda.

Accordingly, I.A.No.4351 of 2017 is hereby disposed of.

(Anant Bijay Singh, J.) Fahim/