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Jharkhand High Court

Pappu Singh And Anr vs The State Of Jharkhand on 4 July, 2017

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 A.B.A. No. 3810 of 2017

            1. Pappu Singh @ Pappu Kumar
            2. Rakesh Kumar                                ...        Petitioners
                                      Versus
            The State of Jharkhand                         ...       Opp. Party

        Coram:     HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY


        For the Petitioner             : Mr. Sachin Mahato, Adv.
        For the State                 : Addl. P.P.

02 /04.07.2017

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Satgawan P.S. Case No. 20 of 2016 (G.R. No. 285 of 2016) registered under sections 147, 148, 149, 354A, 307, 323, 325, 337, 504, 506 & 338 of the Indian Penal Code and section 27 of the Arms Act.

Heard learned counsel appearing for the petitioners and the learned Addl. P.P. for the State.

The learned counsel for the petitioners submits that there was a free fight between the parties in connection with taking bath in the river on the occasion of Chhath Puja. The allegations against the petitioners are all false. The learned counsel, further, submits that as is evident from the order dated 09.06.2017, passed by the learned Sessions Judge, Koderma, the injuries sustained by the victims Yugal Kishore Prasad Yadav, Arvind Prasad Yadav, Pramod Kumar, Yadunandan Kumar, Ajay kumar and Dhanjay Kumar are simple in nature but Saryu Prasad Yadav sustained lacerated wound on right parietal region 31/2" x 0.5" x 0.5" (vertical). The learned counsel for the petitioners, further, submits that the petitioners are ready and willing to pay the ad interim victim compensation to the above named victims. Hence, the petitioners be also given the privilege of anticipatory bail.

The learned Addl. P.P. opposes the prayer for 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 Pappu Singh @ Pappu Kumar and Rakesh Kumar. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, they shall 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, Koderma, in connection with Satgawan P.S. Case No. 20 of 2016 (G.R. No. 285 of 2016) and depositing Rs. 10,000/- as ad interim victim compensation to be paid to the to the victims, Yugal Kishore Prasad Yadav, Arvind Prasad Yadav, Pramod Kumar, Yadunandan Kumar, Ajay kumar, Dhanjay Kumar and Saryu Prasad Yadav, in equal proportion, subject to the conditions laid down under section 438 (2) Cr. P.C. In case, the petitioners deposit the ad interim victim compensation amount in the court of learned Judicial Magistrate -1st Class, Koderma, the court is directed to issue notice to the said victims and release the amount, in equal proportion, in their favour, after proper identification forthwith (Anil Kumar Choudhary, J.) Sonu-