Prakash Prasad And Anr vs The State Of Jharkhand on 5 September, 2017

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Jharkhand High Court

Prakash Prasad And Anr vs The State Of Jharkhand on 5 September, 2017

Bench: Anil Kumar Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  A.B.A. No. 5270 of 2017

            1. Prakash Prasad
            2. Vikash Prasad                                 ...        Petitioners
                                              Versus
           The State of Jharkhand                             ...      Opp. Party


        Coram:      HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY


        For the Petitioner             : Mr. Awnish Shankar, Adv.
        For the State                  : Addl. P.P.

02 /05.09.2017

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Barkatha P.S. Case No. 23 of 2017 (G.R. No. 559 of 2017) registered under sections 147/149/353/337/323/426/504 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 petitioners submits that allegation against the petitioners is that the petitioners along with the other co- accused persons have blocked the G.T. Road and when the informant - Swarnlata Kujur, who is the Officer-in-Charge of Barkatha P.S. tried to pacify the petitioners and the co-accused persons, they became adamant and started abusing and assaulting the police force by pelting stones and inflicting blows by use of lathi and danda, due to which some police personnel got injured. The allegations against the petitioner are general and omnibus in nature and they been falsely implicated in this case. The learned counsel for the petitioner, further, submits that the petitioners are ready and willing to pay the ad interim victim compensation to the victims- injured police personnel. Hence, the petitioners be 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 - Prakash Prasad and Vikash Prasad. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, they shall be released on bail on depositing Rs. 6000/- each as ad interim victim compensation for the victims - Awadesh Singh, Sub-Inspector-cum-Officer-in-Charge, P.S. Barhi, Hawaldar -Kamaldeo Paswan, Hawaldar -Kanhaiya Ram (both of Barkatha P.S.), Police No. 1212- Manish Kumar, Police No. 1217- Rajeev Kumar, Police No. 196 -Sanjay Barla and Police No. 223 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 Judicial Magistrate -1st Class, Hazaribagh, in connection with Barkatha P.S. Case No. 23 of 2017 (G.R. No. 559 of 2017), 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 -1st Class, Hazaribagh, the court is directed to issue notice to the above named 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