Bharat Sahu Alias Bharat Kanshi And Ors vs The State Of Jharkhand on 17 August, 2017

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Jharkhand High Court

Bharat Sahu Alias Bharat Kanshi And Ors vs The State Of Jharkhand on 17 August, 2017

Bench: Anil Kumar Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 A.B.A. No. 4873 of 2017

            1. Bharat Sahu @ Bharat Kanshi
            2. Kishan Kumar Kanshi @ Kishan Kant
            3. Puran Kanshi @ Guddu Kansi                  ...        Petitioners
                                   Versus
            The State of Jharkhand                          ...       Opp. Party

        Coram:     HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY


        For the Petitioner             : Mr. Rajesh Kumar Mahtha, Adv.
        For the State                  : Addl. P.P.

02 /17.08.2017

Apprehending their arrest, the petitioners has moved this Court for grant of privilege of anticipatory bail in connection with Ratu P.S. Case No. 194 of 2015 (G.R. No. 6789 of 2015) registered under sections 147/148/149/323/324/307/326/341/332/337/353 & 504 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 petitioner submits that the entire allegations in the F.I.R. are false and concocted. It is alleged that the petitioners blocked the road and injured the police personnel namely Lady Constable862 Kumari Navita Mahto, Police Constable 177 Sunil Kumar Choudhary, Police Constable 592 Md. Shahid, Police Constable 1930 Jai Prakash Rai, Home Guard 14225 Ashok Kumar Singh, Head Constable (Hawaldar) 266 Bharat Bahadur Bhatraj, Police Constable 391 Jainendra Kumar Dubey, Police Constable 2541 Devan Mahto, Home Guard 15005 Bal Govind Mahto and Home Guard 15032 Gopal Thakur. No specific role has been attributed to any of the petitioners. The petitioners have been falsely been implicated in this case because they were having shops near the place of occurrence. The co-accused persons namely Vijay Saw @ Vijay Sahu and Bhupal Sahu have already been given the privileges of anticipatory bail by this Court vide order dated 22.02.2016 in A.B.A. No. 461 of 2016. The petitioners are ready and willing to deposit Rs.4000/- each as ad interim victim compensation without prejudice to their defence. Hence, on the principle of parity, the petitioners be also 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. 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. 4000/- each as ad interim victim compensation for the victims (injured persons) 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, Ranchi, in connection with Ratu P.S. Case No. 194 of 2015 (G.R. No. 6789 of 2015), subject to the conditions laid down under section 438 (2) Cr. P.C. In case, the petitioner deposit the ad interim victim compensation amount in the court of learned Judicial Magistrate, Ranchi, the court is directed to issue notice to the victims -Lady Constable862 Kumari Navita Mahto, Police Constable 177 Sunil Kumar Choudhary, Police Constable 592 Md. Shahid, Police Constable 1930 Jai Prakash Rai, Home Guard 14225 Ashok Kumar Singh, Head Constable (Hawaldar) 266 Bharat Bahadur Bhatraj, Police Constable 391 Jainendra Kumar Dubey, Police Constable 2541 Devan Mahto, Home Guard 15005 Bal Govind Mahto and Home Guard 15032 Gopal Thakur and release the said amount in their favour in equal proportion, after proper identification.

(Anil Kumar Choudhary, J.) Sonu-

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