Jharkhand High Court
Arbind Lakra vs The State Of Jharkhand on 13 December, 2017
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5722 of 2017
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Manjit Tirkey ... Petitioner
-versus-
1. The State of Jharkhand
2. Md. Minhaz ... Opposite Parties
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WITH
B.A. No. 7570 of 2017
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Kailash Oraon ... Petitioner
-versus-
The State of Jharkhand ... Opposite Party
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WITH
B.A. No. 4870 of 2017
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Karamvir Singh @ Kamvir Singh ... Petitioner
-versus-
The State of Jharkhand ... Opposite Party
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WITH
B.A. No. 5570 of 2017
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Manoj Oraon ... Petitioner
-versus-
1. The State of Jharkhand
2. Md. Minhaz ... Opposite Parties
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WITH
B.A. No. 5279 of 2017
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Arbind Lakra ... Petitioner
-versus-
The State of Jharkhand ... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN
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For the Petitioners : Mr. Mohit Prakash, Advocate
Mr. Baleshwar Yadav, Advocate
Md. Kaisar Alam, Advocate
For the State : Mr. Ravi Prakash, A.P.P.
Mr. Anjani Kumar Toppo, A.P.P.
Mr. Rajneesh Vardhan, A.P.P.
For the Opp. Party No.2: Mr. Rajnikant Ojha, Advocate
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5 / 13.12.2017Heard learned counsel for the parties.
Petitioners are accused for allegedly committing the offence punishable under Sections 147, 148, 149, 341, 302, 387, 120B of the Indian Penal Code.
It is alleged that the deceased went to the house of one -: 2 :- Simran Kumari where the deceased was badly assaulted. Father of the deceased went alone and rescued him and thereafter on his way to hospital he succumbed to the injuries.
Learned counsel for the petitioners submit that actually this is a case of mob violence where mob has assaulted and deceased. He further submits that it has come in the FIR that the mother of Simran Kumari had disclosed the names of assailants, but, surprisingly, her statement has not been recorded. Statement of other witnesses, who allegedly supported the prosecution was taken at a much belated stage.
Learned A.P.P. supported by the learned counsel appearing for the informant, submit that admittedly the deceased went to the house of Simran where he was assaulted. He further submits that the deceased also disclosed the name of six persons as the assailants.
After hearing the parties and after going through the FIR and other records, I find that the deceased had given his statement to the father, specifically naming the assailants. This fact has been recorded in the First Information Report.
In view of the aforesaid facts, I am not inclined to grant privilege of bail to the petitioners. Accordingly, prayer for bail of the petitioner in B.A. No.5722 of 2017, namely, Manjit Tirkey; petitioner in B.A. No.7570, namely, Kailash Oraon; petitioner in B.A. No.4870 of 2017, namely, Karamvir Singh @ Kamvir Singh; petitioner in B.A. No.5570 of 2017, namely, Manoj Oraon; and petitioner in B.A. No.5279 of 2017, namely, Arbind Lakra, in connection with Gumla Police Station Case No.105 of 2017 corresponding to G.R. No. 321 of 2017, is hereby rejected.
All these applications stand dismissed.
( Ananda Sen, J.) Kumar/Cp-03