Jharkhand High Court
Pankaj Desai, M.D. Of M/S.Lioyds ... vs State Of Jharkhand & Anr. on 19 August, 2017
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4246 of 2017
Mantu Soni @ Shanikant ... Petitioner
Versus
The State of Jharkhand ... Opp. Party
Coram: HON'BLE MR. JUSTICE ANIL KUMARCHOUDHARY
For the Petitioner : Mr. R.S. Mazumdar, Sr. Adv.
For the State : Addl. P.P.
04 /19.08.2017Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Barkagaon (Urimari) P.S. Case No. 76 of 2017 (G.R. No. 1175 of 2017) registered under sections 115/118/385/387/307/120B of the Indian Penal Code, section 25(1-b) a, 26 and 35 of the Arms Act and section 17 of the Criminal Law Amendment (C.L.A) Act.
Heard the learned senior counsel appearing for the petitioner and the learned Addl. P.P. for the State.
The Learned senior counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is an active member of the banned organization Jharkhand Tiger Organization, and he took co-accused Umesh Kumar @ Bikash to the chief of the organization namely Pradeepjee and gave Rs.2,50,000/-to the organization chief Pradeepjee in the presence of Umesh Kumar @ Bikash to kill Ganga Sao. Police arrested the co-accused Umesh Kumar @ Bikash of Ramgarh who is alleged to be the Assistant Commandant of Jharkhand Tiger Organization of Eastern Zone and on search one auto pistol was recovered from the said Umesh Kumar @ Bikash and he disclosed that the petitioner has handed over Rs. 2,50,000/- to the Chief of Jharkhand Tiger Organization, Pradeepjee in his presence to kill Ganga Sao. In his statement recorded under section 164 Cr.P.C. Umesh Kumar @ Bikash has stated before the magistrate that fifteen days before, the co-accused handed over Rs.2,50,000/- to the petitioner for giving the same to the Jharkhand Tiger Organization Chief namely Pradeepjee. Police also seized one notebook from the possession of Umesh Kumar @ Bikash and the mobile number of the petitioner has also appeared therein. It is, further, submitted on behalf of the petitioner that the allegation against the petitioner are all false. The petitioner is a co-villager of Umesh Kumar @ Bikash and no offence has been committed by him. Hence, the petitioner be given the privilege of anticipatory bail.
The learned Addl. P.P. on the other hand submitted that the petitioner is an infamous criminal of the locality. He has three other cases pending against him, as has been mentioned in para-5 of the supplementary affidavit dated 17.08.2017. The custodial interrogation of the petitioner is required in the investigation of the case and investigation of the case is going on. Hence that the petitioner ought not be given the privilege of anticipatory bail.
Considering the aforesaid facts and circumstances of the case and keeping in view the serious nature of allegation, I am not inclined to give the privilege of anticipatory bail to the petitioner.
Accordingly, this prayer for anticipatory bail stands rejected.
(Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4370 of 2017
1. Krishna Pandit @ Hare Krishna Lal Pandit
2. Raja Ram Pandit ... Petitioners Versus The State of Jharkhand ... Opp. Party Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Swami Nath Prasad Rai, Adv.
For the State : Addl. P.P. 05 /19.08.2017 Apprehending their arrest, the petitioners have moved this
Court for grant of privilege of anticipatory bail in connection with Barhait P.S. Case No. 43 of 2016 (G.R. No. 191 of 2016) registered under sections 324/326/307/34 of the Indian Penal Code and section 27 of the Arms Act.
Heard learned counsel appearing for the petitioner and the learned Addl. P.P. for the State.
The allegation against the petitioners is that the they were accompanying the co-accused person Lakshman Mandal, who fired from a pistol to Nand Kishore, causing pellet injury over the chest of the said Nand Kishore. It is submitted on behalf of the petitioners that the petitioners are not named in the F.I.R but in para-51 of the case diary for the first time the name of the petitioners cropped up in this case, as the injured stated to police that at the time of occurrence the petitioners were also present and were accompanying principal accused Lakshman Mandal. The learned counsel for the petitioner, further, submits that the petitioners are ready and willing to pay the ad interim victim compensation to the victim - Nand Kishore. Hence, the petitioners be given the privilege of anticipatory bail.
The learned Addl. P.P. opposes the prayer for anticipatory bail but conceded that the petitioners are not named in the F.I.R and only during the investigation of the case, in para-51 of the case diary, for the first time, the names of the petitioners cropped up.
Considering the submissions of the counsels and the fact as discussed above, I am inclined to grant privileges of anticipatory bail to the petitioners - Krishna Pandit @ Hare Krishna Lal Pandit and Raja Ram Pandit. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, they shall be released on bail on depositing Rs. 5000/- each as ad interim victim compensation for the victim - Nand Kishore and furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sahibganj, in connection with Barhait P.S. Case No. 43 of 2016 (G.R. No. 191 of 2016), subject to the conditions laid down under section 438 (2) Cr. P.C. In case, the petitioners deposit the ad interim victim compensation amount in the court of learned Chief Judicial Magistrate, Sahibganj, the court is directed to issue notice to the victim- Nand Kishore and release the said amount in his favour, after proper identification.
(Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4435 of 2017
1. Krishna Jai Rai @ Chottu
2. Ramji Rai
3. Ram Krishna Rai ... Petitioners Versus The State of Jharkhand ... Opp. Party Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
1. For the Petitioners : Mr. Vishal Kr. Singh, Adv.
2. For the State : Addl. P.P. 04 /19.08.2017 No one turns up even after repeated calls.
The learned Addl. P.P. submits that it appears from the impugned order that there has been proclamation under section 82 Cr.P.C. against the petitioner hence, the petitioners are not interested to pursue this anticipatory bail application.
Hence, this anticipatory bail application is rejected as not pressed.
(Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4653 of 2017
1. Madhu Mandal
2. Sadhu Mandal
3. Maharani Devi ... Petitioners Versus The State of Jharkhand ... Opp. Party Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Gautam Kr. Singh, Adv.
For the State : Addl. P.P. 04 /19.08.2017 Apprehending their arrest, the petitioners have moved this
Court for grant of privilege of anticipatory bail in connection with Rajmahal P.S. Case No. 109 of 2017 (G.R. No. 252 of 2017) registered under sections 341/452/323/307/379/427/34 of the Indian Penal Code.
Heard learned counsel appearing for the petitioners and the learned Addl. P.P. for the State.
The learned counsel for the petitioners submits that the allegations against the petitioners are that petitioners along with co- accused assaulted the informant and committed theft of necklace of the informant. It is, further, submitted that the allegations against the petitioners are all false and the injuries sustained by the injured are simple in nature. The petitioners are ready and willing to deposit ad interim victim compensation for the victim. Hence, the petitioners may be given the privilege of anticipatory bail.
The learned Addl. P.P. opposes the prayer for anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am inclined to grant privileges of anticipatory bail to the petitioners - Madhu Mandal, Sadhu Mandal and Maharani Devi. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, the petitioner no.1 & 2 shall be released on bail on depositing Rs. 5000/- each as ad interim victim compensation and petitioner no.3 shall be released on bail on depositing Rs.2000/- as ad interim victim compensation for the victim - Nirmala Devi and furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Rajmahal, in connection with Rajmahal P.S. Case No. 109 of 2017 (G.R. No. 252 of 2017), subject to the conditions laid down under section 438 (2) Cr. P.C. In case, the petitioners deposit the ad interim victim compensation amount in the court of learned SDJM, Rajmahal, the court is directed to issue notice to the victim- Nirmala Devi and release the said amount in her favour, after proper identification.
(Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4667 of 2017 Praveen Savant @ Praveen Sawant @ Praveen Mandal ... Petitioner Versus State of Jharkhand ... Opp. Party Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Vishal Kumar Trivedi, Adv.
For the State : Addl. P.P. 04 /19.08.2017 Apprehending his arrest, the petitioner has moved this
Court for grant of privilege of anticipatory bail in connection with Ahilyapur P.S. Case No. 91 of 2016 (G.R. No. 3392 of 2016) registered under sections 419/420/467/468/471/120B of the Indian Penal Code and section 66 (C) (D) of Information Technology Act.
Heard the learned counsel for the petitioner and the learned Addl. P.P. for the State.
The learned counsel for the petitioner submits that the allegation against the petitioner is that he along with other co- accused persons of the case are impersonating themselves as bank officers and after obtaining information about the details of A.T.M. cards of the account holders of bank, they swindle away money from their bank accounts. The learned counsel, further, submits that neither anything has been recovered from the conscious possession of the petitioners nor they were present at the place of occurrence. He further submits that the person namely Subash Mandal @ Subhash Mandal, whose case stands on similar footing has already been given the privilege of anticipatory bail by this Court vide order dated 28.06.2017, passed in A.B.A. No. 2734 of 2017 and on the principle of parity, the petitioner be also given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail but conceded that the allegation against the petitioner is the same as against the co-accused person who has already been granted anticipatory bail by this Court vide order dated 28.06.2017, passed in A.B.A. No. 2734 of 2017.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the petitioner - Praveen Savant @ Praveen Sawant @ Praveen Mandal be admitted to anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Giridih, in connection with Ahilyapur P.S. Case No. 91 of 2016 (G.R. No. 3392 of 2016), subject to the condition that they will cooperate in the investigation of the case and will appear before the Investigating Officer, as and when noticed by him and other conditions laid down under section 438 (2) Cr. P.C. (Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4706 of 2017
1.Ali Sk.
2.Abdul Sk. @ Rabul Sk.
3.Jahanur Bibi @ Jahamuru Bibi
4.Mamija Bibi ... Petitioners
Versus
The State of Jharkhand ... Opp. Party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
1. For the Petitioner : Mr. Raja Ravi Shekhar Singh, Adv.
2. For the State : Addl. P.P.
05/19.08.2017 Heard the learned counsel for the petitioners and the
learned Addl. P.P. for the State.
The learned counsel for the petitioners prays for time. The learned Addl. P.P. submits that the case diary be called for.
Call for the copy of case diary from the Superintendent of Police, Sahibganj and from the court concerned.
List this case after four weeks.
(Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4751 of 2017
Triveni Prasad Mehta ... Petitioner
Versus
State of Jharkhand ... Opp. Party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Pradeep Kr. Prasad, Adv.
For the State : Addl. P.P. 04 /19.08.2017 Apprehending his arrest, the petitioner has moved this
Court for grant of privilege of anticipatory bail in connection with Ichak P.S. Case No. 117 of 2016 (G.R. No. 1889 of 2016) registered under section 379 of the Indian Penal Code and section 54 of (JMMC) Jharkhand Mines and Minerals Concession Rules -2004 and section 21 of (MMRD) Mines and Minerals (Development and Regulation) Act, 1957 and section 8 of (JMD) Jharkhand Minerals Dealer's Rule -2007.
Heard the learned counsel for the petitioner and the learned Addl. P.P. for the State.
The learned counsel for the petitioner submits that the allegation against the petitioner is of running a crusher unit illegally. It is further submitted that allegations against the petitioner are all false and it is not forthcoming at to which of the villagers have disclosed the name of the petitioner before the mining officer. The allegations are vague. The learned counsel for the petitioner further submits that the petitioner is ready and willing to furnish sufficient security including cash security. Hence, the petitioner be given the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the petitioner - Triveni Prasad Mehta be admitted to anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing cash security of Rs. 3000/- and furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate
-1st Class, Hazaribagh, in connection with Ichak P.S. Case No. 117 of 2016 (G.R. No. 1889 of 2016) with the condition that he will co- operate with the investigation of the case and will appear before the Investigating Officer, as and when noticed by him and subject to the conditions as laid down under section 438 (2) Cr. P.C. (Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 5094 of 2017
Manoj Kumar Singh @ Manoj Singh ... Petitioner
Versus
State of Jharkhand ... Opp. Party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Madhulika Dasgupta, Adv.
For the State : Addl. P.P. 02 /19.08.2017 Apprehending his arrest, the petitioner has moved this
Court for grant of privilege of anticipatory bail in connection with Nirsa P.S. Case No. 72 of 2017 (G.R. No. 1004 of 2017) registered under section 413/414/34 of the Indian Penal Code and 30(ii) of Coal Mines Act and 33 of Indian Forest Act, 1927.
Heard the learned counsel for the petitioners and the learned Addl. P.P. for the State.
The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and in para-15 of the anticipatory bail application, it has been mentioned that the petitioner has no criminal antecedent. It is further submitted on behalf of the petitioner that the petitioner has no concern with the alleged seized coal. The co-accused with similar allegations has been granted anticipatory bail by this court vide order dated 16.05.2017 in A.B.A. No. 2605 of 2017, hence the petitioners may be granted the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory bail but concedes that the co-accused with similar allegations has been granted anticipatory bail by this court vide order dated 16.05.2017 in A.B.A. No. 2605 of 2017.
Be that as it may, the above named petitioner is directed to surrender in the Court below within four weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on deposit of Rs.5,000/- as cash security and furnishing bail bond of Rs.10,000/- (Rupees ten thousand), with two sureties of the like amount each to the satisfaction of the court of Sri S.P. Thakur, J.M, 1st Class, Dhanbad in connection with Nirsa P.S. Case No. 72 of 2017, corresponding to G.R. No. 1004 of 2017, subject to the conditions as laid down under section 438(2) of the Cr.P.C (Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 5098 of 2017
Md. Hanif ... Petitioner
Versus
The State of Jharkhand ... Opp. Parties
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Sunil Kr. Mahto, Adv.
For the State : Addl. P.P.
02 /19.08.2017 Apprehending his arrest, the petitioner has moved this
Court for grant of privilege of anticipatory bail in connection with Pakur(T) P.S. Case No. 86 of 2017 (G.R. No. 393 of 2017) registered under sections 147, 148, 149, 341, 323, 332, 333, 353, 308, 384, 120B of the Indian Penal Code.
Heard the learned counsel for the petitioner and the learned Addl. P.P. for the State.
The learned counsel for the petitioner submits that the petitioner is innocent and the allegation has falsely been foisted against the petitioner. Hence, the petitioner be given the privilege of anticipatory bail.
The learned Addl. P.P. opposes the prayer for bail and submits that the case diary be called for.
Call for a copy of the case diary from the Superintendent of Police, Pakur as well as from the court concerned.
List this case on 22.09.2017.
Considering the submissions of the counsels and the fact as discussed above, I am inclined to pass an interim order of anticipatory bail provisionally till 22.09.2017. In case of the petitioner being arrested by the police on or before 22.09.2017, he shall be released on bail provisionally on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of like amount each to the satisfaction of the officer concerned in connection with Pakur(T) P.S. Case No. 86 of 2017 (G.R. No. 393 of 2017), subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5089 of 2017
1. Umesh Ram
2. Dilip Kumar @ Dilip Mahto
3. Kailash Prasad
4. Ganesh Mandal
5. Puran Ganjhu @ Puran
6. Ramashish Yadav @ Ramashish ... Petitioner Versus The State of Jharkhand ... Opp. Party Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. R.S. Mazumdar, Sr. Adv.
For the State : Addl. P.P. 02 /19.08.2017 Apprehending their arrest, the petitioners have moved
this Court for grant of privilege of anticipatory bail in connection with Tandwa P.S. Case No. 115 of 2016 (G.R. No. 1459 of 2016) registered under section 406, 419, 420 & 34 of the Indian Penal Code later on added section 467, 468 & 471 of the Indian Penal Code.
Heard the learned senior counsel for the petitioners and the learned Addl. P.P. for the State.
The learned senior counsel for the petitioners submits that the allegations against the petitioners is that they are the drivers of the trucks engaged by the informants Company for transporting coal and the coal lifted from CCL Tandwa but they have misappropriated the said coal by not delivering the same to M/s Adhunik Power and Natural Resources Ltd. It is also alleged that the petitioners have diverted the coal to other companies for monetary gain, after preparation of forged papers like receipt, challan by use of forged seal and signature. The learned senior counsel further submits that the petitioners may be given the privilege of anticipatory bail.
The learned Addl. P.P. opposes the prayer for bail and submits that the case diary be called for.
Call for a copy of the case diary from the Superintendent of Police, Chatra, as well as from the court concerned.
List this case after four weeks.
(Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4738 of 2017
Md. Farid ... Petitioner
Versus
The State of Jharkhand ... Opp. Party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Ms. Chandana Kumari, Adv.
: Mr. Ashutosh Kr. Singh, Adv.
For the State : Addl. P.P.
04 /19.08.2017 Apprehending his arrest, the petitioner has moved this
Court for grant of privilege of anticipatory bail in connection with Dumka (Nagar) P.S. Case No. 89 of 2017 (G.R. No. 443 of 2017) registered under sections 147/148/149/341/323/324/307 of the Indian Penal Code.
Heard learned counsel appearing for the petitioner and the learned Addl. P.P. for the State.
The learned counsel for the petitioner submits that the allegations against the petitioner is that while the informant along with his father was returning after offering Namaz, the petitioner along with the co-accused persons armed with weapons like lathi, danda, rod and sword surrounded them. Because of the enmity regarding previous land dispute, all the petitioners assaulted the informant with an intention to kill him. By such assault the informant sustained two injuries at the back of his head. When his father came to save the informant, he was also assaulted by the petitioner and the co-accused persons. It is submitted on behalf the petitioner that the allegations against the petitioner are false and they have been falsely implicated in this case. The injuries sustained by the victim are simple in nature. It is, further, submitted that similarly situated co-accused persons has already been given the privilege of anticipatory bail by this Court vide order dated 11.08.2017, passed in A.B.A. No. 4823 of 2017. The learned counsel for the petitioner, further, submits that the petitioner is also ready and willing to pay the ad interim victim compensation to the informant Pinku Khan @ Shahwaj Khan. Hence, on the principle of parity, this petitioner, be given the privilege of anticipatory bail.
The learned Addl. P.P. opposes the prayer for anticipatory bail but concedes that similarly situated co-accused persons has already been given the privilege of anticipatory bail by this Court vide order dated 11.08.2017, passed in A.B.A. No. 4823 of 2017.
Considering the submissions of the counsels and the fact as discussed above, I am inclined to grant privileges of anticipatory bail to the petitioner - Md. Farid. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, they shall be released on bail on depositing Rs. 1000/- as ad interim victim compensation for the informant - victim - Pinku Khan @ Shahwaj Khan and 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, Dumka, in connection with Dumka (T) P.S. Case No. 89 of 2017 (G.R. No. 443 of 2017), subject to the conditions laid down under section 438 (2) Cr. P.C. In case, the petitioner deposits the ad interim victim compensation amount in the court of learned Chief Judicial Magistrate, Dumka, the court is directed to issue notice to the victim and release the said amount in his favour, after proper identification.
(Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B. A. No. 4766 of 2017
1. Sukhdeo Yadav
2. Suryu Yadav @ Saryu Yadav
3. Mahesh Yadav
4. Badri Narayan Yadav ... Petitioners Versus The State of Jharkhand ... Opp. Party Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Lalan Kr. Singh, Adv.
For the State : Addl. P.P. 04 /19.08.2017 Apprehending their arrest, the petitioners have moved
this Court for grant of privilege of anticipatory bail in connection with Barkatha P.S. Case No. 60 of 2015 (G.R. Case No. 2662 of 2015) registered under section 341/323/325/506/34 of the Indian Penal Code and subsequently sections 504/307 of the Indian Penal Code have been added.
Heard the learned counsel for the petitioners and the learned Addl. P.P. for the State.
The learned counsel for the petitioners submits that the petitioner was granted regular bail by police during the investigation of the case and their bail bond has not been cancelled but since charge sheet has been submitted for the offences punishable under section 307 of the Indian Penal Code, hence they are apprehending their arrest in connection with non bailable charge sheet. The learned counsel for the petitioners relied upon the Order passed by this Court in A.B.A. No. 1334 of 2017 dated 11.04.2017, wherein this Court held as under:-
"Admittedly, in this case, the bail bonds furnished by the petitioners, while the petitioners were granted bail by the court below, have not been cancelled, nor the bonds were forfeited. So, taking all these facts and the ratio laid down in the judgment of the Division Bench of the Patna High Court in the case of Bishnudeo Sahu (2011(1)PLJR 731), I am of the view that this anticipatory bail application filed on behalf of the petitioners is not maintainable. Accordingly, this anticipatory bail application is hereby dismissed as not maintainable.
However, the petitioners are directed to surrender before the Court below within six weeks from the date of production/receipt of this order in the court below and they will furnish undertaking that they shall co-operate in the trial and shall remain physically present as and when their presence is required by the court below and the court below is directed to allow the petitioners to remain on the bail granted earlier by the court below keeping in view that the petitioners have never misused the privilege of bail."
The learned Addl. P.P. submits that prayer for anticipatory bail is not maintainable.
Considering the submissions of the counsels and the fact as discussed above, I am of the view that this anticipatory bail application filed on behalf of the petitioners is not maintainable. Accordingly, this anticipatory bail application is hereby dismissed as not maintainable.
However, the petitioners are directed to surrender before the Court below within four weeks from the date of production/receipt of this order in the court below and they will furnish undertaking that they shall co-operate in the trial and shall remain physically present as and when their presence is required by the court below and also deposit ad-interim victim compensation of Rs. 2000/- each for the victim - Anil Yadav and the court below is directed to allow the petitioners to remain on the bail granted earlier by the court below keeping in view that the petitioners have never misused the privilege of bail."
In case of deposit of victim compensation the court below will issue notice to the victim - Anil Yadav and release the amount forthwith on proper identification.
(Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 601 of 2008 Badri Narayan Pandey @ Badri Pandey ... Petitioner Versus The State of Jharkhand & Anr. ... Opp. Parties Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner(s) : Mr. J.S. Tripathy, Adv.
For the State : Addl. P.P.
For the O.P. No. 2 : Mr. R.K. Singh, Adv.
08 /19.08.2017 The petitioner is absent on repeated calls.
Perusal of the record reveals that this criminal miscellaneous petition has been filed for quashing the entire criminal proceeding of P.C.R. Case No. 258 of 2005 (T.R. No. 157/2008), including the order dated 22.01.2008, passed by the Chief Judicial Magistrate, Sahibganj, whereby and whereunder, cognizance of the offence punishable under sections 147/148/452 and 387 of the Indian Penal Code has been taken against the petitioner.
This is a year old case and it appears that the parties have lost their interest.
Accordingly, this criminal miscellaneous petition is dismissed for non-prosecution.
(Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1182 of 2008 Beni Kumar Singh @ Beni Singh ... Petitioner Versus The State of Jharkhand & Ors. ... Opp. Parties Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner(s) : Mr. Vishnu Kr. Sharma, Adv.
For the State : Addl. P.P. 08 /19.08.2017 The petitioner is absent on repeated calls.
Perusal of the record reveals that this criminal miscellaneous petition has been filed for setting aside the order dated 28.08.2006, passed in Case No. M. 1002/2006, T.R. No. 14 of 2007 by which the proceeding under section 145 of the Code of Criminal Procedure has been initiated after conversion of the proceeding under section 144 of the code of Criminal Procedure without giving any cogent reason.
This is a year old case and it appears that the parties have lost their interest.
Accordingly, this criminal miscellaneous petition is dismissed for non-prosecution.
(Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1343 of 2008
Israful Momin & Anr. ... Petitioners
Versus
The State of Jharkhand & Anr. ... Opp. Parties
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Md. Asadul Haque, Adv.
For the State : Addl. P.P.
For the O.P. No.2 : Mr. S.P. Jha, Adv.
07 /19.08.2017 The petitioner is absent on repeated calls.
Perusal of the status report reveals that the instant case i.e. Sessions Case No. 172/2008, corresponding to G.R. Case No. 156/2007, Radhanagar P.S. Case No. 76/2007 was fixed for hearing on the point of argument on 16.04.2016.
Perusal of the record reveals that this criminal miscellaneous petition has been filed for quashing the entire criminal proceeding including the order dated 24.03.2008 passed by A.C.J.M, Rajmahal, whereby and where under learned A.C.J.M. Sahibganj found prima-facie case under section 376 of the Indian Penal Code and also for quashing of order dated 29.07.2017 passed by the A.C.J.M. Rajmahal in connection Rajmahal (Radhanagar) P.S. Case No. 76/07, G.R. No. 156 of 2007 and T.R. No. 245 of 2008, whereby and where under the petition filed on behalf of the Officer-in-Charge, Radhanagar Police Station for permission to re- investigate the case was allowed .
This is a year old case and it appears that the parties have lost their interest.
Accordingly, this criminal miscellaneous petition is dismissed for non-prosecution.
(Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1371 of 2008
Lalit Kumar Singh @ Lalit Singh ... Petitioner
Versus
The State of Jharkhand ... Opp. Party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Gopal Krishna Sinha, Adv.
For the State : Addl. P.P.
02 /19.08.2017 The petitioner is absent on repeated calls.
Perusal of the record reveals that this criminal miscellaneous petition has been filed for quashing the order dated 12.07.2017, passed in Criminal Revision No. 29/2007 by the learned Sessions Judge, Garhwa, whereby the petition for release seized Rs.1,40,000/- in his favour which was passed in favour of informant in connection with Manjhiaon P.S. Case No. 148/06, G.R. Case No. 1148/06, S.T. Case No. 214/07 dated 19.11.2016 under section 364A/302/201/34 of the Indian Penal Code, pending in the Court of Ist Additional Sessions Judge, Garhwa.
This is a year old case and it appears that the parties have lost their interest.
Accordingly, this criminal miscellaneous petition is dismissed for non-prosecution.
(Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1375 of 2008
Jarif Sk. ... Petitioner
Versus
The State of Jharkhand & Anr. ... Opp. Parties
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Gautam Kr., Adv.
For the State : Addl. P.P.
For the O.P. No. 2 : Mr. Asadul Haque, Adv.
06 /19.08.2017 The petitioner is absent on repeated calls.
Perusal of the record reveals that this criminal miscellaneous petition has been filed for quashing the ex-parte order dated 12.08.2008 passed in Cr. Rev. No. 61 of 2008 by the learned Sessions Judge, Sahibganj, whereby and where under the Revision application filed by the opposite party no.2 stands allowed without hearing the petitioner.
This is a year old case and it appears that the parties have lost their interest.
Accordingly, this criminal miscellaneous petition is dismissed for non-prosecution.
(Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1392 of 2008
Seeda Bibi & Anr ... Petitioners
Versus
The State of Jharkhand & Anr. ... Opp. Parties
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Ms. Sanat Kr. Jha., Adv.
For the State : Addl. P.P.
02 /19.08.2017 The petitioner is absent on repeated calls.
Perusal of the record reveals that this criminal miscellaneous petition has been filed for quashing the order dated 20.06.2008 passed by Sri Santosh Kumar Sinha, the learned Sessions Judge, Pakur in Criminal Revision No. 41 of 2007 arising out of order dated 17.08.2007 passed by the learned Sub-Divisional Judicial Magistrate, Pakur in Criminal Misc. Case No. 113 of 2004, corresponding to T.R. Case No. 171 of 2007 in which the learned Sessions Judge modified to Rs.400/- each in place of Rs.500/- each as maintenance allowance per month to the petitioners and further the date of payment was modified to the date of order i.e. from 17.08.2007 in place of date of filing of the petition i.e. from 04.10.2004.
This is a year old case and it appears that the parties have lost their interest.
Accordingly, this criminal miscellaneous petition is dismissed for non-prosecution.
(Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1394 of 2008 Ram Kishun Yadav @ Kishun Mahto ... Petitioner Versus The State of Jharkhand & Anr. ... Opp. Parties Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. M.K. Dey, Adv.
For the State & Anr. : Addl. P.P. 04 /19.08.2017 The petitioner is absent on repeated calls.
Perusal of the record reveals that this criminal miscellaneous petition has been filed for quashing the order dated 07.06.2008 passed by the learned Sessions Judge, Giridih, passed in Criminal Revision No. 119 of 2007 as also for quashing the order taking cognizance dated 11.07.2017 passed by the learned Judicial Magistrate 1st Class, Giridih in complaint case no. 1638 of 2006, corresponding to T.R. 436 of 2008-713/2007, now pending in the court of learned Judicial Magistrate -1st Class, Giridih.
This is a year old case and it appears that the parties have lost their interest.
Accordingly, this criminal miscellaneous petition is dismissed for non-prosecution.
(Anil Kumar Choudhary, J.) Sonu-
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1407 of 2008 Pankaj Desai, Md. Of M/s. Lioyds Finance Ltd. & Anr.
... Petitioners
Versus
The State of Jharkhand & Anr. ... Opp. Parties
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Jitendra Kr. Pasari, Adv.
For the State & Anr. : Addl. P.P.
04 /19.08.2017 The petitioner is absent on repeated calls.
Perusal of the record reveals that this criminal miscellaneous petition has been filed for quashing of entire criminal proceeding initiated against them including the order dated 26.06.2008 passed by Shir K. Pattadar, learned Judicial Magistrate, 1st Class, Jamshedpur whereby and whereunder, he has been pleased to take cognizance under section 422 of the Indian Penal Code in Complaint Case No. C/1 - 70/2006.
This is a year old case and it appears that the parties have lost their interest.
Accordingly, this criminal miscellaneous petition is dismissed for non-prosecution.
(Anil Kumar Choudhary, J.) Sonu-