Jharkhand High Court
Prem Nath Prasad Verma vs The State Of Jharkhand on 1 March, 2013
Author: D.N.Upadhyay
Bench: D.N.Upadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 25 of 2013
MirajAnsari @ Merajuddin Ansari .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mrs Vandana Singh
For the opposite party : Addl.P.P.
01.03.2013Heard the learned counsel for the petitioner and the learned counsel for the State.
This is an application for grant of anticipatory bail filed by the petitioner in connection with Jaridih P.S. case No. 135 of 2012 for the offence registered under sections 147/148/149/323/307/379 of the Indian Penal Code.
It is alleged in the FIR that the petitioner and his associates after forming an unlawful assembly caused assault to the informant by means of lathi. It is further alleged that the petitioner also took out golden chain, watch and purse etc. It is submitted that the allegation of theft has been super added to make the offence serious. The informant sustained simple injury and that too on his finger .
Learned counsel for the State has opposed the prayer. Considering above aspects of the matter, the petitioner above named is directed to appear/ surrender before the court below within a period of three weeks positively from the date of this order and on his surrender, he shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Bermo at Tenughat in connection with Jaridih P.S. case No. 135 of 2012 ( G R No. 1147 of 2012), subject to the conditions laid down under section 438(2) Cr.P.C.
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 42 of 2013
1 Raj Narayan Rai
2. Binay Pratap Narayan Singh .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr. Amaresh Kumar
For the opposite party : Addl.P.P.
01.03.2013 Heard the learned counsel for the petitioners and the learned
counsel for the State.
This is an application for grant of anticipatory bail filed by the petitioners in connection with Barhi PS case No. 257 of 2012 for the offence registered under sections 414/420/467/468/471/34 of the Indian Penal Code.
It reveals that trucks belonging to the petitioners were apprehended while they were carrying coal with suspicious documents.
It is submitted that the documents seized from the trucks were verified and those documents were found genuine. Police has planted papers against vehicle bearing registration no. JH02S 8447 which belongs to petitioner no.2. No case as alleged is made out .
Learned counsel for the State has opposed the prayer and submitted that two sets of documents against transportation of coal have been seized from truck bearing registration no. JH02S 8447.
Considering all aspects of the matter, I do not feel inclined to grant anticipatory bail to Binay Pratap Narayan Singh (petitioner No. 2) who is owner of vehicle No. JH-02 S 8447. Accordingly, his prayer for anticipatory bail is rejected.
So far as petitioner no.1 Raj Narayan Rai is concerned, the case diary indicates that the documents seized in connection with his vehicle No. BR 01GA 6586 were genuine and, therefore, he is directed to appear/ surrender before the court below within a period of three weeks positively from the date of this order and on his surrender, 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 Judicial Magistrate, 1st Class, Hazaribagh, in connection with Barhi PS case No. 257 of 2012 ( G R No. 4191 of 2012), subject to the conditions laid down under section 438(2) Cr.P.C.
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 51 of 2013
Bhola Kumar @ Bhola Singh .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr. Jai P. Agarwal
For the opposite party : Addl.P.P.
01.03.2013 Heard the learned counsel for the petitioner and the
learned counsel for the State.
It reveals from FIR that truck belonging to the petitioner was carrying animals in a cruel manner.
It is submitted that the truck was given under control of the driver and the petitioner was not present at the time of occurrence and he never instructed the driver to carry animals on the truck.
Learned counsel for the State has opposed the prayer and submitted that altogether 21 animals were loaded on the truck and some cows, which got injured, were again being loaded on the truck.
Considering facts and circumstances of the case and the submissions advanced on behalf of the petitioner, the petitioner above named is directed to appear/ surrender before the court below within a period of three weeks positively from the date of this order and on his surrender, he shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Seraikella, in connection with Chandil PS case No. 138 of 2012.(GR No. 851 of 2012, subject to the conditions laid down under section 438(2) Cr.P.C.
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 34 of 2013
Hulash Mahato and others .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr. Amresh Kumar
For the opposite party : Addl.P.P.
01.03.2013 Call for the case diary and criminal antecedents report
of the petitioners from the Superintendent of Police, Bokaro. He would submit criminal antecedents report from all the police stations falling within his district.
Since the matter relates to illegal trade of coal, I feel inclined to call for the criminal antecedents report of the petitioners from the Superintendent of Police, Dhanbad, which is also coalfield of the adjacent district.
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 657 of 2013
Sayadi Bibi @ Sarita .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr. J.S.Singh
For the opposite party : Addl.P.P.
01.03.2013 Heard the learned counsel for the petitioner and the
learned counsel for the State.
Petitioner is accused in connection with Ranka PS case No. 76 of 2007 for the offence registered under sections 341/302/307/324/34 of the Indian Penal Code, section 27 of the Arms Act and section 17 of the CLA Act.
It is alleged in the FIR that indiscriminate firing by members of MCC extremists was caused; as a result, passengers travelling in the bus driven by the informant had sustained injuries on their persons. Later on, due to firing, drivers of other vehicles had also sustained injuries and one of the driver died.
It is submitted that the petitioner has been remanded in this case on 24.11.2010. Save and except the witnesses over-heard names of accused persons, including the name of the present petitioner, there is nothing in the entire case diary to connect her with the offence alleged. Other accused persons having similar allegations have been granted bail by this Hon'ble Court as mentioned in paragraph 11 of the bail application.
Learned counsel for the State has opposed the prayer. Since other co-accused having similar allegations are enjoying privilege of bail, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge - 1 Garhwa, in connection with S.T. No. 155 of 2011.
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 678 of 2013
Prem Nath Prasad Verma .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr. A.K.Shani
For the opposite party : Addl.P.P.
01.03.2013 Heard the learned counsel for the petitioner and the
learned counsel for the State.
Petitioner is accused in connection with Koderma PS case No. 261 of 2010 for the offence registered under sections 409/34 of the Indian Penal Code.
It reveals that advances were given to the petitioner and other accused against Schemes no. 04/2007-08 & 08/2007-08, but they did not perform the work against the amount received by them and hence this case.
It is submitted that the petitioner has done part of the work and it is incorrect to say that the entire estimated amount was released in his favour. Further-more, certificate case has already been filed for recovery of the amount lying with the petitioner and other accused persons. Petitioner is not only under suspension, but he is in custody since more than two months.
Learned counsel for the State has opposed the prayer. Considering above aspects of the matter, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Civil Judge (Junior Division) Koderma, in connection with Koderma P.S case No. 261 of 2010 ( G R No. 499 of 2010).
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 687 of 2013
1. Balkesh Yadav
2. Mahesh Yadav .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr. J.S. Singh
For the opposite party : Addl.P.P.
01.03.2013 Heard the learned counsel for the petitioners and the
learned counsel for the State.
Petitioners are accused in connection with Manika PS case No. 61 of 2011 for the offence registered under sections 302/201/34 of the Indian Penal Code.
It reveals from FIR that father of the informant left home during night to see buffalo towards the field, but he did not return alive. Next morning, dead body of the deceased Ramani Yadav was found lying near the dam. Since, on the preceding day, an altercation between the families of the petitioner and the informant had taken place in which threats were hurled, informant raised suspicion against the accused persons in the alleged murder of the deceased.
It is submitted that accused Ramkesh Yadav has been granted bail vide BA No.7724 of 2012. No direct evidence is available on record against the petitioners.
Learned counsel for the State has opposed the prayer. Considering above aspects of the matter, both the petitioners above named are directed to 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 CJM, Latehar, in connection with Manika PS case No. 61 of 2011 ( GR No. 434 of 2011).
Ambastha/- ( D.N.Upadhyay,J.) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. ............... of 201 ............... .... Petitioner(s) Versus State of Jharkhand & another ... Opposite Parties Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr. For the opposite party : Addl.P.P. 01.03.2013 Heard the learned counsel for the petitioner and the learned counsel for the State. Petitioner is accused in connection with .................. case No. ............. for the offence registered under sections .......... of the Indian Penal Code. It reveals from ................
It is submitted that .....................
Learned counsel for the State has opposed the prayer. Considering matrimonial nature of the offence coupled with the fact that the husband has already been granted regular bail, the petitioner above named is directed to 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 ................. in connection with .........case No. ................ .
Ambastha/- ( D.N.Upadhyay,J.)