Jharkhand High Court
Pankaj Kumar @ Pankaj Mahto vs State Of Jharkhand .... .... Opposite ... on 28 January, 2022
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A No. 15328 of 2021
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
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02/28.01.2022 Call for the case diary as well as statement of the victim recorded under Section 164 Cr.P.C from the court concerned and list this case after receipt of the same.
(ANANDA SEN , J) anjali/-
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 15331 of 2021 Pankaj Kumar @ Pankaj Mahto .... .... Petitioner(s).
Versus State of Jharkhand .... .... Opposite Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
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FOR THE PETITIONER(S) :Mr. Rahul Pandey, Advocate FOR THE STATE : Mr. Rajendra Ram Ravi Das, APP
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2/28.01.2022 The petitioner, who is accused for the offence punishable under Sections 379 IPC later on added Section 411 IPC, is praying for grant of regular bail, as he is in custody since 21.07.2021.
Heard the learned counsel for the parties and I have gone through the entire record including the impugned order.
Learned A.P.P. opposes the prayer for bail. First Information Report is registered against unknown person. Vehicle bearing Registration No. JH01 AZ 1704 was stolen. Admittedly, the name of this petitioner transpired in the instant case only on the basis of confessional statement of co-accused and thereafter petitioner was arrested and he confessed his guilt.
Considering the aforesaid facts and the facts that the petitioner is in custody since 21.7.2021 and charge-sheet has been submitted in this case, I am inclined to allow this application. Accordingly, 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 Chief Judicial Magistrate, Ranchi in connection with Ormanjhi Police Station Case No. 112 of 2021.
(ANANDA SEN , J) anjali/ C.P 3 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 15333 of 2021 Sudarshan Oraon .... .... Petitioner(s).
Versus State of Jharkhand .... .... Opposite Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
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FOR THE PETITIONER(S) :Mr.Kripa Shankar Nanda, Advocate FOR THE STATE : Mr. V.N. Jha, APP
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02/28.01.2022 The petitioner, who is accused for the offence punishable under Sections 387 IPC, is praying for grant of regular bail, as he is in custody since 29.08.2021.
Heard the learned counsel for the parties and I have gone through the entire record including the impugned order.
Admittedly petitioner is not named in the FIR. There is an allegation that by using mobile phone, demand was made. Admittedly, there was no transaction and it is a case of only demanding extortion money.
Learned A.P.P. opposes the prayer for bail. Considering the aforesaid fact, I am inclined to allow this application. Accordingly, 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 Judicial Magistrate, 1st Class, Gumla in connection with Sisai Police Station Case No. 70 of 2021 subject to the condition that petitioner will appear before the Officer-in-Charge, Sisai Police Station, Gumla once in a month, failing which, necessary steps shall be taken for his re-arrest.
(ANANDA SEN , J) anjali/ C.P 3 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 15335 of 2021
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
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02 /28.01.2022 Call for the case diary from the court concerned as well as criminal antecedent report of the petitioner and list this case after receipt of the same.
(ANANDA SEN , J) anjali/-
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 15336 of 2021
1. Binod Birhor @ Binod Kumar
2. Dharmendra Birhor .... .... Petitioner(s).
Versus State of Jharkhand .... .... Opposite Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
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FOR THE PETITIONER(S) :Mr.Amit Kumar, Advocate FOR THE STATE : Mr. Shiv Shankar Kumar, APP
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2/28.01.2022 The petitioners, who are accused for the offence punishable under Sections 379/411 IPC, are praying for grant of regular bail, as they are in custody since 01.09.2021.
Heard the learned counsel for the parties and I have gone through the entire record including the impugned order.
It is alleged that some households' material and mobile phone etc. were stolen. During investigation one Kunam Turi was apprehended, who confessed his guilt and also confessed that these petitioners are also involved in the commission of theft of the household articles.
Learned A.P.P. opposes the prayer for bail. Considering the fact that the charge-sheet has been submitted and petitioners are in custody since 01.09.2021, I am inclined to allow this application. Accordingly, 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 Chief Judicial Magistrate, Chatra in connection with Sadar Police Station Case No. 221 of 2021.
(ANANDA SEN , J) anjali/ C.P 3 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 15342 of 2021
1. Ranjan Singh
2. Manish Oraon .... .... Petitioner(s).
Versus State of Jharkhand .... .... Opposite Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
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FOR THE PETITIONER(S) :Mr.Rahul Pandey, Advocate FOR THE STATE : Mr. Rajesh Kumar, APP
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0/28.01.2022 The petitioners, who are accused for the offence punishable under Sections 379 IPC, are praying for grant of regular bail, as they are in custody since 10.05.2021.
Heard the learned counsel for the parties and I have gone through the entire record including the impugned order.
Learned A.P.P. opposes the prayer for bail. It is alleged that motorcycle was stolen and the petitioners were involved in stealing the said motorcycle. On their confession they were arrested. It is alleged that after stealing the motorcycle accused persons changed the registration number and used the same in commission of some crime. Admittedly, petitioners are not named in the FIR. Petitioners are in custody since 10.05.2021 and charge-sheet has been submitted in this case Considering the fact that the petitioners are in custody since 10.05.2021 and charge-sheet has been submitted in this case, I am inclined to allow this application. Accordingly, 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 Additional Chief Judicial Magistrate, Ramgarh in connection with Mandu (Kujju) Police Station Case No. 4 of 2021.
(ANANDA SEN , J) anjali/ C.P 3 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 8876 of 2021 Pahna Munda .... .... Petitioner(s).
Versus State of Jharkhand .... .... Opposite Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
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FOR THE PETITIONER(S) :Mr.Nilesh Kumar, Advocate FOR THE STATE : Ms. Vandana Bharti, APP
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04/28.01.2022 The petitioner, who is accused for the offence punishable under Sections 147, 148, 149, 302/120B IPC, Section 27 of the Arms Act and Section 17 of the CLA Act, is praying for grant of regular bail in connection with Lapung P.S. Case No. 23 of 2017, corresponding to G.R. No 4219 of 2017, (S.T. No. 166 of 2018), pending in the court of AJC-XXI, Ranchi.
Heard the learned counsel for the parties and I have gone through the entire record including the impugned order.
The prayer for bail of the petitioner was earlier rejected. This is a double murder case where group of extremists shot dead the father and mother of the informant.
Counsel for the petitioner submits that one of the witnesses has been declared hostile.
Learned A.P.P. opposes the prayer for bail. After going through the record and the deposition of the informant, I find that it is admitted case that mother and father of the informant was murdered by using fire-arm. Petitioner was also present at the place of occurrence.
Considering the aforesaid fact, I am not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner stands rejected.
Trial court is directed to record the statement of the rest of the witnesses on a time bound manner and conclude the trial at the earliest.
Let a copy of this order be communicated through FAX to the court concerned.
(ANANDA SEN , J) anjali/ C.P 3 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 11171 of 2021
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
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04/28.01.2022 Learned APP submits that three witnesses remained to be examined in this case.
State will inform this Court, by what time these three witnesses will be produced before the court below, so that statement can be recorded.
List this case after one week.
(ANANDA SEN , J) anjali/-
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 14742 of 2021 Bhaiyaram Munda .... .... Petitioner(s).
Versus State of Jharkhand .... .... Opposite Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
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FOR THE PETITIONER(S) :Mr.Abhay Kumar Chaturvedy, Advocate FOR THE STATE : Mr.Ravi Prakash, Spl.P.P
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03/28.01.2022 The petitioner, who is accused for the offence punishable under Sections 18 and 25 of NDPS Act, is praying for grant of regular bail, as he is in custody since 28.06.2020 in connection with Maranghada P.S. Case No. 17 of 2020, corresponding to NDPS Case No. 37 of 2020.
Heard the learned counsel for the parties and I have gone through the entire record including the impugned order.
Pursuant to the last order dated 21.01.2022 where a direction was given to the Special P.P to inform this Court as to by what time the prosecution will produce the remaining witnesses, learned APP submits three witnesses are yet to be examined in this case and next date fixed by the trial court is 1st February, 2022. He submits that on 1st February, 2022 these three witnesses will be produced before the trial court.
Considering the said submission, I direct the prosecution to produce the remaining three witnesses on 1st February, 2022 before the trial court. The Trial court is also directed to record the statement of the three witnesses without adjourning the case. The trial court will thereafter conclude the case as early as possible.
Considering the fact that the prayer for bail of the petitioner was earlier rejected on merit and in view of the order passed today in this case, I am not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner stands rejected.
Let a copy of this order be communicated through FAX to Mr. Ravi Prakash, Spl. P.P and to the court concerned immediately.
(ANANDA SEN , J) anjali/ C.P 3 IN THE HIGH COURT OF JHARKHAND AT RANCHI CrMP No. 3132 of 2021
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
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03/28.01.2022 Counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within two weeks.
List this case thereafter.
(ANANDA SEN , J) anjali/-
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 15267 of 2021
1. Suresh Yadav
2. Bablu Yadav .... .... Petitioner(s).
Versus State of Jharkhand .... .... Opposite Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
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FOR THE PETITIONER(S) :Mr.Pankaj Kumar, Advocate FOR THE STATE : Mr. Shailesh Kumar Sinha, Advocate
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02/28.01.2022 Defect(s) as pointed out by the office is ignored for the present. The petitioners, who are accused for the offence punishable under Sections 147, 149, 307, 341, 342, 323, 504, 506, 325, 379, 376, 511 IPC and Section ¾ of Prevention of Witch (Daain) Practices Act, 2001, are praying for grant of regular bail, as they are in custody since 21.09.2021.
Heard the learned counsel for the parties and I have gone through the entire record including the impugned order.
Counsel for the petitioners submits that allegation is general and omnibus in nature against these petitioners. He submits that infact the instant case has been filed by way of retaliation as Yashoda Devi wife of Suresh Yadav who is petitioner no.1 had already filed a case against the informant party two days prior to lodging of the instant case. He further submits that one Tulo @ Tuleshwar Yadav has been granted bail by the co-ordinate bench of this Court in B.A. No. 7513 of 2020 and the case of these petitioners stand on similar footing.
Learned A.P.P. opposes the prayer for bail but cannot dispute the fact that the case of the petitioners is on similar footing to that of those who has been granted bail by the co-ordinate bench of this Court.
Considering the fact that the Yashodha Devi has already lodged a case against the informant prior to lodging of the instant case and the fact that one of the co- accused has been granted bail by the co-ordinate bench of this Court, I am inclined to allow this application. Accordingly, 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 Judicial Magistrate, 1st Class, Hazaribagh in connection with Katkamsandi Police Station Case No. 244 of 2017 (G.R. No. 3541 of 2017).
(ANANDA SEN , J) anjali/ C.P 3 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 16061 of 2021 Ravi Ram .... .... Petitioner(s).
Versus Union of India through CBI .... .... Opposite Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
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FOR THE PETITIONER(S) :Mr.R.S. Mazumdar, Sr.Advocate Mr. Vikash Kumar, Advocate FOR THE CBI : Mr. Nitu Sinha, Advocate
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02/28.01.2022 Defect(s) as pointed out by the office is ignored for the present. The petitioner, who is accused for the offence punishable under Sections 302/34 and Section 27 of the Arms Act, is praying for grant of regular bail, as he is in custody since 26.06.2017.
Heard the learned counsel for the parties and I have gone through the entire record including the impugned order.
The prayer for bail of the petitioner was earlier rejected with a liberty to renew his prayer after framing of charge.
Learned senior counsel for the petitioner submits that now charge has already been framed. All the accused persons are on bail. He submits that the police official has been made an accused along with others. He submits that pursuant to the order passed by this Court in B.A. No. 8308 of 2017 investigation was handed over to the CBI. He submits that order of this Court was affirmed by the Hon'ble Supreme Court of India. After investigation charge- sheet was submitted in this case and there are 120 charge-sheet witness. He submits that petitioner is in custody since 26.6.2017 and it will take considerable period to examine 120 charge-sheet witnesses.
Learned CBI submits that investigation has already been completed and admits that there are 120 charge-sheet witnesses who are to be examined in this case.
This is a case where victim was shot dead after he was apprehended by the police officials including this petitioner.
Considering the fact that the petitioner is in custody since 26.6.2017 and 120 witnesses yet to be examined in this case and charge has already been framed and liberty was granted to renew his prayer after framing of charge, I am inclined to allow this application. Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, CBI, Ranchi in connection with Piparwar Police Station Case No. 18 of 2017 (G.R. No. 834 of 2017, ST NO. 67 of 2021) (RC SI 2019 S 0001 , CBI, SC-I, New Delhi) subject to the condition that one of the bailor must be the close relative of the petitioner.
Petitioner is directed to cooperate in the trial.
(ANANDA SEN , J) anjali/ C.P 3 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 16334 of 2021
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
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02/28.01.2022 Defect(s) as pointed out by the office is ignored. List this case after two weeks.
(ANANDA SEN , J) anjali/-
IN THE HIGH COURT OF JHARKHAND AT RANCHI M.A No. 9 of 2022
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
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02/28.01.2022 Impugned order is not on record.
Counsel for the petitioner is directed to file supplementary affidavit bringing on record the order which the petitioner has challenged in this appeal.
List this case in the next week.
(ANANDA SEN , J) anjali/ C.P 3 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 15125 of 2021 Xxxxxx .... .... Petitioner(s).
Versus
Xxxxx .... .... Opposite Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
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FOR THE PETITIONER(S) :Mr.xxxx, Advocate FOR THE STATE : XXXX
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0/28.01.2022 Heard learned counsel for the parties through video conferencing. They have no complain with respect to the audio and video clarity and quality.
Counsel for the petitioner is directed to implead informant as opposite party no.2 as the initial case arises out of private complaint.
Necessary correction be carried out within ten days. Notice be issued to the informant by Registered post as well as through ordinary process, for which requisites etc must be filed within two weeks.
Considering the nature of allegation and the fact that physical relationship continued between the petitioner and the complainant from 2017 but complainant has filed this case in the year 2020, I am inclined to allow this application. Accordingly, the petitioner above named is directed to be released on provisional 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 xxxxxx in connection with xxxx Police Station Case No. xxx (G.R. No. xxxx).
But this bail order only be communicated unless and untill the informant is impleaded as opposite party no.2 and necessary requisites are filed.
(ANANDA SEN , J) anjali/ C.P 3 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 15143 of 2021 Xxxxxx .... .... Petitioner(s).
Versus
Xxxxx .... .... Opposite Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
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FOR THE PETITIONER(S) :Mr.P.P N. Roy, Senior Advocate FOR THE STATE : Ms. Ruby Pandey, APP
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0/28.01.2022 Heard learned counsel for the parties through video conferencing. They have no complain with respect to the audio and video clarity and quality.
The petitioner is an accused for allegedly committing an offence punishable under Sections xxxxxx.
There is an allegation in the FIR that some explosive substance were recovered from one Suresh Yadav who disclosed that materials were purchased from Indra Mahato and after that all explosives were sold to several persons including these petitioners who were engaged in illegal mining of MICA. According to the FIR the materials were not recovered from the possession of these petitioners. Co-accused have stated that the materials were sold to the petitioners who are engaged in illegal mining MICA.
Considering the fact that the name of petitioners are transpired from the confessional statement of co-accused and the explosive substance was not recovered from the possession of these petitioners. Accordingly, the petitioner nos.2 & 3 are concerned, I am inclined to allow this application. Thus petitioner nos. 2 & 3 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 xxxxxx in connection with xxxx Police Station Case No. xxx (G.R. No. xxxx), but so far as petitioner no.1 is concerned he has got three criminal antecedent i.e Tisro P.S. Case No. 17 of 1991, Tisri P.S Case No. 3 of 1992 and Tisri P.S Case No. 29 of 1994 on the submission of learned APP. State will inform this Court about all the status of these three cases.
List this case on 31.01.2022.
(ANANDA SEN , J) anjali/ C.P 3 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 15175 of 2021 Xxxxxx .... .... Petitioner(s).
Versus
Xxxxx .... .... Opposite Party(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING
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FOR THE PETITIONER(S) :Mr.xxxx, Advocate FOR THE STATE : XXXX
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0/28.01.2022 Heard learned counsel for the parties through video conferencing. They have no complain with respect to the audio and video clarity and quality.
Learned A.P.P. opposes the prayer for bail. The petitioner is an accused for allegedly committing an offence punishable under Sections xxxxxx.
Counsel for the petitioner submits that petitioner has been granted anticipatory bail by the co-ordinate bench of this Court but he could not surrender and she was in custody in connection with Dhanbad P.S. Case No. 640 of 2010.
Considering the fact that petitioner has already been granted anticipatory bail on merit in the instant case, I am inclined to allow this application. Accordingly, 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 xxxxxx in connection with xxxx Police Station Case No. xxx (G.R. No. xxxx).
(ANANDA SEN , J) anjali/ C.P 3