Lal Bhar And Ors vs The State Of Jharkhand on 12 September, 2017

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Jharkhand High Court

Lal Bhar And Ors vs The State Of Jharkhand on 12 September, 2017

Bench: Anil Kumar Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  A.B.A. No. 5121 of 2017

            1. Lal Bhar
            2. Md. Arif @ Arif Bhar
            3. Md. Nisar Bhar @ Nisar Bhar
            4. Chutri Bhar                                  ...       Petitioner
                                        Versus
           The State of Jharkhand                           ...      Opp. Party

        Coram:      HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY


        For the Petitioner             : Mr. S.N. Tiwari, Adv.
        For the State                  : Addl. P.P.

04 /12.09.2017

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Jasidih P.S. Case No. 251 of 2016 (G.R. No. 1603 of 2016) registered under sections 341, 323, 324, 325, 504, 427, 307, 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 allegation against the petitioners is that they assaulted the informant and his son by means of rod, axe and lathi. It is submitted that there is case and counter case between the parties in respect of the same occurrence. It is further submitted that first the petitioners lodged an FIR basing upon which Jasidih P.S. Case No. 250 of 2016 was registered against the informant and others and as a counter blast this false case has been filed against the petitioners. It is further submitted that the petitioners are ready and willing to pay Rs. 10,000/- each as ad interim victim compensation to the victims - Maqbool Khalifa and Md. Firoj, without prejudice to their defence in the case. It is, further, submitted that co-accused persons whose case stands on similar footing have already been given the privilege of anticipatory bail by this Court vide order dated 12.07.2017, passed in A.B.A. No. 3898 of 2017. Hence, it is submitted that on the principal of parity these petitioners be also given the privilege of anticipatory bail.

The learned Addl. P.P. opposes the prayer for anticipatory bail but conceded that similarly situated co-accused persons have been given the privilege of anticipatory bail by this Court vide order dated 12.07.2017, passed in A.B.A. No. 3898 of 2017.

Considering the submissions of the counsels and the fact as discussed above, I am inclined to grant the privileges of anticipatory bail to the above named petitioners. Hence, in the event of their arrest or surrender within a period of eight weeks from the date of this order, they shall be released on bail on depositing Rs. 10,000/- each as ad interim victim compensation for the victims - Maqbool Khalifa and Md. Firoj 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, Deoghar, in connection with Jasidih P.S. Case No. 251 of 2016 (G.R. No. 1603 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, Deoghar, the court is directed to issue notice to the victims and release the said amount in their favour, in equal proportion, after proper identification.

(Anil Kumar Choudhary, J.) Sonu-

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Jharkhand High Court