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Jharkhand High Court

Mantu Soni Alias Shanikant vs The State Of Jharkhand on 19 August, 2017

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  A.B.A. No. 4246 of 2017

                 Mantu Soni @ Shanikant                     ...       Petitioner
                                            Versus
                 The State of Jharkhand                     ...        Opp. Party


        Coram:       HON'BLE MR. JUSTICE ANIL KUMARCHOUDHARY



        For the Petitioner       : Mr. R.S. Mazumdar, Sr. Adv.
        For the State            : Addl. P.P.

04 /19.08.2017

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Barkagaon (Urimari) P.S. Case No. 76 of 2017 (G.R. No. 1175 of 2017) registered under sections 115/118/385/387/307/120B of the Indian Penal Code, section 25(1-b) a, 26 and 35 of the Arms Act and section 17 of the Criminal Law Amendment (C.L.A) Act.

Heard the learned senior counsel appearing for the petitioner and the learned Addl. P.P. for the State.

The Learned senior counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is an active member of the banned organization Jharkhand Tiger Organization, and he took co-accused Umesh Kumar @ Bikash to the chief of the organization namely Pradeepjee and gave Rs.2,50,000/-to the organization chief Pradeepjee in the presence of Umesh Kumar @ Bikash to kill Ganga Sao. Police arrested the co-accused Umesh Kumar @ Bikash of Ramgarh who is alleged to be the Assistant Commandant of Jharkhand Tiger Organization of Eastern Zone and on search one auto pistol was recovered from the said Umesh Kumar @ Bikash and he disclosed that the petitioner has handed over Rs. 2,50,000/- to the Chief of Jharkhand Tiger Organization, Pradeepjee in his presence to kill Ganga Sao. In his statement recorded under section 164 Cr.P.C. Umesh Kumar @ Bikash has stated before the magistrate that fifteen days before, the co-accused handed over Rs.2,50,000/- to the petitioner for giving the same to the Jharkhand Tiger Organization Chief namely Pradeepjee. Police also seized one notebook from the possession of Umesh Kumar @ Bikash and the mobile number of the petitioner has also appeared therein. It is, further, submitted on behalf of the petitioner that the allegation against the petitioner are all false. The petitioner is a co-villager of Umesh Kumar @ Bikash and no offence has been committed by him. Hence, the petitioner be given the privilege of anticipatory bail.

The learned Addl. P.P. on the other hand submitted that the petitioner is an infamous criminal of the locality. He has three other cases pending against him, as has been mentioned in para-5 of the supplementary affidavit dated 17.08.2017. The custodial interrogation of the petitioner is required in the investigation of the case and investigation of the case is going on. Hence that the petitioner ought not be given the privilege of anticipatory bail.

Considering the aforesaid facts and circumstances of the case and keeping in view the serious nature of allegation, I am not inclined to give the privilege of anticipatory bail to the petitioner.

Accordingly, this prayer for anticipatory bail stands rejected.

(Anil Kumar Choudhary, J.) Sonu-