Md Jubair vs The State Of Jharkhand on 2 May, 2014

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Jharkhand High Court

Md Jubair vs The State Of Jharkhand on 2 May, 2014

Bench: P.P. Bhatt

             IN THE HIGH COURT OF JHARKHAND AT RANCHI.
                             A.B.A. No. 371 of 2014
                                           ...
             Md. Jubair                                   ...      ...       Petitioner
                                   -V e r s u s-
             The State of Jharkhand                              ...       Opposite Party
                                           ...
CORAM: - HON'BLE MR. JUSTICE P.P. BHATT.
                                           ...
             For the Petitioner            : - Mr. Kumar Nilesh, Advocate.
             For the State                 : - A.P.P.
                                           ...
02/02.05.2014

The present anticipatory bail application has been filed under Sections 438 and 440 of the Code of Criminal Procedure seeking anticipatory bail as the petitioner is having reasonable apprehension of his arrest in connection with Mandu (Kuju) P.S. Case No. 346 of 2013 corresponding to G.R. No. 3269 of 2013 registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25 (i-b) a, 26 and 35 of the Arms Act, which is now pending in the court of the learned Additional Chief Judicial Magistrate at Hazaribagh.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in the alleged crime merely on the basis of the confessional statement of the co-accused and save and except confessional statement, there is no other cogent and legal evidence against the present petitioner. It is further submitted that the petitioner is a law abiding citizen and he shall abide by the terms and conditions that may be imposed by this Court.

The learned APP appearing on behalf of the State opposed the anticipatory bail application and submitted that the present petitioner is involved in the alleged offence, as his name has been disclosed by Parbej Alam and one Md. Maqsood. It is further submitted that there is a prima facie case against the present petitioner of having involvement in the alleged offence and therefore, his anticipatory bail application may be rejected.

Considering the aforesaid rival submissions and having regard to facts and circumstances of the present case prima facie, it appears that the present petitioner has been named in the alleged offence on the basis of the confessional statement of the co- accused. Therefore this Court is of the view that the present petitioner deserves to be granted anticipatory bail. Accordingly, in the event of his arrest or surrender within a period of two weeks from the date of this order, the petitioner, above named, is directed to be released on executing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate at Hazaribagh in connection with Mandu (Kuju) P.S. Case No. 346 of 2013 corresponding to G.R. No. 3269 of 2013 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(P.P. Bhatt, J.) APK

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Jharkhand High Court