Shubhankar Paitandi And Ors vs The State Of Jharkhand on 8 April, 2015

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Jharkhand High Court

Shubhankar Paitandi And Ors vs The State Of Jharkhand on 8 April, 2015

Bench: D.N. Upadhyay

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    A.B.A. No.390 of 2015

          1.Shubhankar Paitandi
          2.Pankaj Paitandi
          3.Manoj Paitandi
          4.Shambhu Paitandi
          5.Shiv Charan Paitandi
          6.Suraj Kumar Tiwari @ Vicky Tiwari
            @ Suraj Tiwari                                   ...... Petitioners
                                     Versus
          The State of Jharkhand                              ...... Opposite Party
                                ---------
          CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY
                              ---------
          For the Petitioners          : Mr. N.K.Sahani, Advocate
          For the State                : A.P.P.

02/08.04.2015

The petitioners are accused in connection with Siyaljori P.S. Case no.88 of 2014, corresponding to G.R. Case no.1590 of 2014, for the offence under sections 147, 148,149, 341, 342, 323, 307, 427, 379, 353 and 332 of the Indian Penal Code.

It reveals from the F.I.R. that an accident took place due to dash caused by Bolero Jeep bearing Registration no.JH-05Z-8986 to motorcycle bearing Registration no.JH-09P-4106. The occupant of the motorcycle sustained injury and he was removed to BGH Hospital by the informant, who happens to be the Officer-in-Charge of Siyaljori Police Station and on the aforesaid jeep, he was on petrolling duty. When the informant returned to the place, a mob consisting of these petitioners assembled and they became furious and caused damaged to the police petrolling jeep and pelted stones to the police party causing injury to them.

It is submitted that the informant was driving said Bolero Jeep in drunken state and he caused dash to the motorcycle. As a result, the riders of the motorcycle have sustained grievous injury. In this connection, a complaint case has been filed by Dildar Ansari vide C1/Case 961 of 2014. No specific overt act is alleged against any of the petitioners save and except they were members in the mob.

Counsel for the State has opposed the prayer and submitted that the petitioners and their associates took law in their own hand and they caused hindrance to the police party in discharge of their official duty and caused assault to them. The Bolero jeep has also been damaged by them.

Considering the manner of occurrence and in the facts and circumstances available on record, I do not feel inclined to consider the prayer for grant of anticipatory bail of the above named petitioners under .2.

section 438(2) Cr.P.C. Accordingly, the same stands rejected.

However, if the petitioners surrender before the court below and pray for regular bail, their surrender-cum-bail application shall be considered and disposed of on its own merit without being prejudiced by this order.

(D. N. Upadhyay, J.) s.b.

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Jharkhand High Court