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Jharkhand High Court

Sayad Latif Ahmad Alias Sayeed Latif And ... vs The State Of Jharkhand on 25 August, 2017

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        A.B.A. No. 5054 of 2017
                               ------
         1. Sayad Latif Ahmad @ Sayeed Latif
         2. Rashid Ansari                    .... .... ....   Petitioners
                          Versus
         The State of Jharkhand              .... .... .... Opp. Party

         CORAM      : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

         For the Petitioner   : Mr. A. Kashyap, Advocate
         For the State        : Addl. P.P.
                              ------
02/25.08.2017

Apprehending their arrest the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Panki P.S. Case No.99 of 2016 (G.R. No.1929 of 2016) registered under Sections 147 /148 /149 /307 /337 /338/323/325/153A/295A/379/427 of the Indian Penal Code and under Section 27 of Arms Act.

Heard learned counsel appearing for the petitioners as well as learned Addl. P.P. for the State.

Learned counsel for the petitioners submits that the allegation against the petitioners is that the while the informant and others were going for immersion of the idol of Goddess Laxmi, from the roof of the house of Manzar Karim and Khurshid Akram stones were pelted and firing was made due to which Deepak Sharma sustained injuries on his head, Pradeep Kumar Verma got cut on his lip, Arun Sharma sustained injury on his chest, Raju Paswan sustained injury on his hand and chest, Manu Paswan sustained injury on his hand and Manish Yadav sustained injury in his leg. The idol was damaged, sound machine was taken away and the box was broken. It is further submitted that the allegations against the petitioners are all false. No overt act has been attributed against these petitioners. Hence, the petitioners may be given the privilege of anticipatory bail.

Learned Addl. P.P. appearing on behalf of the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions of counsels and the aforesaid facts and circumstances of the case, I am inclined to grant privileges of anticipatory bail to the petitioners. 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.10,000/- each as ad interim victim compensation and furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Palamau at Daltonganj in connection with Panki P.S. Case No.99 of 2016 (G.R. No.1929 of 2016) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In case, the petitioners deposit the ad interim compensation, the court below shall issue notice to the victims Deepak Sharma, Pradeep Kumar Verma, Arun Sharma, Raju Paswan, Manu Paswan and Manish Yadav and on proper identification, the said amount so deposited be released in their favour forthwith, in equal proportion.

Gunjan/-                                     (Anil Kumar Choudhary, J.)