Jharkhand High Court
Nitesh Kumar Dubey And Anr vs The State Of Jharkhand on 20 September, 2014
Author: P. P. Bhatt
Bench: P. P. Bhatt
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1282 of 2014
1. Nitesh Kumar Dubey
2. Chandan Choubey ... ... ... Petitioners
Versus
The State of Jharkhand ... ... ... Opp. Party
CORAM: HON'BLE MR. JUSTICE P. P. BHATT
For the Petitioners : Mr. Sanjay Kumar Tiwari, Advocate
For the State : A.P.P.
04/20.09.2014Present anticipatory bail application has been filed under sections 438 and 440 of the Code of Criminal Procedure seeking anticipatory bail as the petitioners are apprehending their arrest in connection with Nagar Untari P.S. Case No. 243 of 2013, corresponding to G.R. No. 3100 of 2013, registered under sections 457, 380 & 411 of the Indian Penal Code, now pending in the court of learned Civil Judge (Jr. DivisionI) Garhwa.
Heard learned counsel appearing for the petitioners as well as learned A.P.P. appearing on behalf of the State. Perused the F.I.R. and other papers attached to this petition.
Learned counsel for the petitioners submitted that the present petitioners are not named in the F.I.R. nor any incriminating article has been recovered from their possession. It is submitted that the name of the present petitioners came in light during course of investigation and that too on the basis of confessional statement of the coaccused, except this there is no other material against the present petitioners regarding involvement in the alleged offence. It is further submitted that the petitioners are ready to abide by any terms and conditions that may be imposed upon them by the Court.
Learned A.P.P. opposed the anticipatory bail application but has not disputed the fact which has been observed and passed by the learned Court below that the name of the present petitioners came in light on the basis of confessional statement of coaccused and there is no recovery from the present petitioners.
Considering the aforesaid rival submissions and more particularly in view of the fact that except confessional statement of the coaccused there is no other material against the present petitioners, the petitioners deserves to be enlarged on bail. Accordingly, the petitioners, namely Nitesh Kumar Dubey & Chandan Choubey, in the event of their arrest or surrender within a period of two weeks from the date of this order, are directed to be released on executing bail bond of Rs.10000/(Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Civil Judge (Jr. DivisionI) Garhwa, in connection with Nagar Untari P.S. Case No. 243 of 2013, corresponding to G.R. No. 3100 of 2013, subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure.
(P. P. BHATT, J.) Anit