Jharkhand High Court
Ajay Mahto And Anr vs The State Of Jharkhand on 15 May, 2013
Author: D.N.Upadhyay
Bench: D.N.Upadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1218 of 2013
Mustaq Ansari .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mrs Ritu Kumar
For the opposite party : Addl.P.P.
15.05.2013Heard the learned counsel for the petitioner and the learned counsel for the State.
This is an application for grant of anticipatory bail filed by the petitioner in connection with Ramgarh PS case No. 40 of 2013 for the offence registered under sections 414 of the Indian Penal Code, 30(I0 of the Coal Mines Act, read with section 33 of the Indian Forest Act.
It is alleged in the written report that six tonnes of coal stored near brick kiln of the petitioner was seized. Since no document against possession of coal was produced, instant case has been lodged.
It is submitted that petitioner is not having chimney bhutta; rather he has purchased coal for the purpose of making bricks for personal use. Only because no documents were produced, this case has been lodged.
Learned counsel for the State has opposed the prayer. Considering above aspects of the matter, the petitioner above named is directed to appear/ surrender before the court below within a period of three weeks positively from the date of this order and on his surrender, he shall 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 CJM, Hazaribagh, in connection with Ramgarh PS case No. 40 of 2013 ( GR No. 464 of 2013), subject to the conditions laid down under section 438(2) Cr.P.C.
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1235 of 2013
Rajesh Prasad Saw .... Petitioner(s)
Versus
State of Jharkhand & another ... Opposite Parties
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr.
For the opposite party : Addl.P.P.
15.05.2013 Heard the learned counsel for the petitioner and the
learned counsel for the State.
This is an application for grant of anticipatory bail filed by the petitioner in connection with C/1 case No. 266 of 2011 for the offence registered under sections 406/420 of the Indian Penal Code.
It reveals from the complaint that a vehicle was financed in favour of accused no. 1 (Rohit Kumar Bharti) by the complainant company. The principal borrower( accused no. 1) failed to repay the loan amount and he did not respond to the notice served upon him. It is alleged that the petitioner stood as a guarantor against the loan advanced.
It is submitted that it is purely a civil suit between the complainant and accused no.1. Petitioner being guarantor cannot be prosecuted for the offence for which cognizance has been taken.
Learned counsel for the State has opposed the prayer. Considering facts and circumstances of the case as it appears from the complaint itself, the petitioner above named is directed to appear/ surrender before the court below within a period of three weeks positively from the date of this order and on his surrender, he shall 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, Jamshedpur, in connection with C/1 case No. 266 of 2011, subject to the conditions laid down under section 438(2) Cr.P.C.
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1219 of 2013
Subodh Kumar .... Petitioner(s)
Versus
State of Jharkhand & another ... Opposite Parties
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr. Sanjay Kumar
For the opposite party : Addl.P.P.
15.05.2013 Issue notice to opposite party no.2 for which requisites
etc under registered cover with A/d as also under ordinary process must be filed within a week.
Till the next date, petitioner shall not be arrested in connection with C.P. case No. 186 of 2011 pending in the court of learned SDJM, Bermo at Tenughat.
Let this order be communicated to the learned court below through FAX at the cost of the petitioner, as prayed for.
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1236 of 2013
Sugen Sah .... Petitioner(s)
Versus
State of Jharkhand & another ... Opposite Parties
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr.S.P.Roy
For the opposite party : Addl.P.P.
15.05.2013 Issue notice to opposite party no.2 for which requisites
etc under registered cover with A/d as also under ordinary process must be filed within a week.
Till the next date, petitioner shall not be arrested in connection with Godda (M) P.S. case No. 482 of 2012, pending in the court of learned SDJM, Godda.
Let this order be communicated to the learned court below through FAX at the cost of the petitioner, as prayed for.
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4022 of 2013
Gulshan Kumar Jha .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr. Anand Kumar Sinha For the opposite party : Addl.P.P. 15.05.2013 Heard the learned counsel for the petitioner and the learned counsel for the State.
Petitioner is accused in connection with Patratu PS case No. 60 of 2012 for the offence registered under sections 323/324/307/379/498A/120B/34 of the Indian Penal Code.
Petitioner has been prosecuted for committing torture and treating the complainant with cruelty for want of more dowry.
It is submitted that allegation of demand of dowry and torture is general and omnibus in nature and the petitioner is in jail custody since last three months.
Learned counsel for the State has opposed the prayer. Considering above aspects of the matter, 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 SDJM, Hazaribagh, in connection with Patratu PS case No. 60 of 2012, arising out of complaint case no. 1578 of 2011, (G. R. No. 845 of 2012).
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4034 of 2013
Mukesh Chandra Vanshi
@ Pappu Chandra Vanshi .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr. Jay Prakash
For the opposite party : Addl.P.P.
15.05.2013 Heard the learned counsel for the petitioner and the
learned counsel for the State.
Petitioner is accused in connection with Ramgarh PS case No. 20 of 2012 for the offence registered under sections 352/354/323/380 of the Indian Penal Code, section 27 of the Arms Act and section 3(x) (xi) of the SC/ST (Prevention of Atrocities) Act.
It reveals from written report that accused persons, including the petitioner, had been to the house of the informant and they raised derogatory remarks against their caste and also manhandled members of the family. When the near by people assembled, accused persons fled away after opening fire.
It is submitted that the petitioner has been in jail custody since 11.9.2012. Similarly situated other co-accused, namely Sanjay Chandravanshi and Dharmendra Vishwakarma, have been granted bail vide BA No. 9245 and 2569 of 2013 respectively.
Learned counsel for the State has opposed the prayer. Considering above aspects of the matter, 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 Addl. Sessions Judge 1, Palamau in Daltonganj, in connection with Ramgarh PS case No. 20 of 2012 (GR No. 1486 of 2012 .
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4038 of 2013
with
B.A No. 4040 of 2013
Vikash Kumar ( BA No 4038 of 2013)
Avinash Verma ( BA No. 4040 of 2013) .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr. Alok Bachchan For the opposite party : Addl.P.P. 15.05.2013 Both these applications arising out of Ratu PS case No. 210 of 2012 have been heard together and are being disposed of by this common order.
It reveals from fard beyan that daughter of the informant committed suicide by setting her on fire after bolting herself inside the room. It is alleged that Anuj Kumar Verma along with his four friends called the deceased prior to the incident and uttered derogatory remarks in filthy language. It is also alleged that a week prior to the incident, said Anuj Kumar Verma had teased and taunted deceased on the way while she was returning from school. Indecent remarks uttered by co-accused Anuj Verma and his friends abetted commission of suicide by the deceased.
It is submitted that co-accused Anuj Kumar Verma has been granted bail vide BA No. 1797 of 2013. Names of these petitioners have come in light in the confession of co-accused Anuj Verma. Ingredients of abetment to commit suicide do not appear to be attracted.
Learned counsel for the State has opposed the prayer. Considering above aspects of the matter, both 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 Addl. Judicial Commissioner, Ranchi, in connection with S.T. No. 339 of 2013.
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.4039 of 2013
Md Ajuba @ Samir .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr.B.K.Dubey
For the opposite party : Addl.P.P.
15.05.2013 Heard the learned counsel for the petitioner and the
learned counsel for the State.
Petitioner is accused in connection with Sadar PS case No. 824 of 2010 for the offence registered under sections 457 and 380 of the Indian Penal Code.
It reveals from written report that theft was committed in the house of informant and the miscreants took away ornaments and other valuables.
It is submitted that the petitioner is in jail custody since about two years. He is not named in the FIR. Nothing incriminating has been recovered from his possession.
Learned counsel for the State has opposed the prayer and submitted that ornaments and cash which are subject matter of present case has been recovered from possession of the accused.
Be that as it may, considering above aspects of the matter, 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, Hazaribagh, in connection with Sadar PS case No. 824 of 2010 ( GR No. 3685 of 2010) on the condition that one of the bailors must be a local person having valid identity card and having landed property within the jurisdiction of the court.
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.4473 of 2013
Dhaneshwar Thakur .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mrs Jashodhara Tripathy For the opposite party : Addl.P.P. 15.05.2013 Heard the learned counsel for the petitioner and the learned counsel for the State.
Petitioner is accused in connection with Koderma PS case No. 191 of 2012 for the offence registered under sections 419/420/467/468/471 of the Indian Penal Code.
It reveals from written report that the petitoner and his associates have produced fake academic certificate for getting employment in police department. After verification, certificates produced by the petitioner have been found forged.
It is submitted that the petitioner is in custody since 8.3.2013. It is an admitted case that he did not get employment .It is not indicative as to who has committed forgery or at whose instance, those documents were prepared.
Learned counsel for the State has opposed the prayer. Considering above aspects of the matter, 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 Civil Judge, Senior Division- cum - CJM, Koderma, in connection with Koderma PS case No. 191 of 2012 ( GR No. 488 of 2012).
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4475 of 2013
Bablu Rawani and others .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr. Prakash Chandra Roy For the opposite party : Addl.P.P. 15.05.2013 Heard the learned counsel for the petitioners and the learned counsel for the State.
Petitioners are accused in connection with Giridih (M) PS case No. 60 of 2013 for the offence registered under sections 147/341/323/307/385 of the Indian Penal Code and sections 3 /4 of the SC/ST (Prevention of Atrocities ) Act.
It reveals from fard beyan that informant was subjected to assault by means of tangi, iron rod, etc. Accused persons were demanding rangdari from him, when he refused to sell his land.
It is submitted that accused Arjun Rawani demanded money from informant and he is not petitioner at present. Petitioners have been implicated with the allegation that they assaulted the informant, but no specific overt act has been levelled against any of them.
Learned counsel for the State has opposed the prayer. Considering above aspects of the matter, petitioners, namely, (1) Bablu Rawani, (2) Chhotu Rawani and (3) Mukesh Ray, 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 SDJM, Giridih, in connection with Giridih (M) PS case No. 60 of 2013 ( GR No. 393 of 2013).
Ambastha/- Sd/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4478 of 2013
Harendra Ram .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr. Sanjay Kumar Pandey For the opposite party : Addl.P.P. 15.05.2013 Heard the learned counsel for the petitioner and the learned counsel for the State.
Petitioner has been prosecuted for committing torture and treating the complainant with cruelty for want of more dowry.
It is submitted that the petitioner is in jail custody since about three months. he has been implicated in the case with general and omnibus allegation of demand of dowry and torture.
Learned counsel for the State has opposed the prayer. Considering above aspects of the matter, 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 Civil Judge ( Junior Division) VII at Garhwa, in connection with Manjhiaon PS case No. 90 of 2012 ( GR No. 854 of 2012.
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4487 of 2013
Rana Pratap Singh .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr. Rajesh Kumar
For the opposite party : Addl.P.P.
15.05.2013 Heard the learned counsel for the petitioner and the
learned counsel for the State.
Petitioner is accused in connection with Dhanbad ( Dhansar) PS case No. 622 of 2012 for the offence registered under sections 420/406/409/120B of the Indian Penal Code.
It reveals that truck bearing registration no. WB 25B 4925 reached to weigh bridge on 4.6.2012. It was loaded with 1.5 M.T of excess coal. Driver was directed to unload excess coal, but he disappeared without unloading coal.
It is submitted that the petitioner was posted as loading clerk and for that reason, he has been implicated in this case. He cannot be held liable, if the driver of the truck disappeared without unloading coal. He is in custody since one month. Departmental proceeding has also been initiated after keeping him under suspension.
Learned counsel for the State has opposed the prayer. Considering above aspects of the matter, 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 CJM, Dhanbad in connection with Dhanbad (Dhansar) PS case No. 622 of 2012 ( GR No. 2457 of 2012) Ambastha/- ( D.N.Upadhyay,J.) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4261 of 2013
1. Ajay Mahto
2.Mantu Mahto .... Petitioner(s) Versus State of Jharkhand ... Opposite Party Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr. Alok Lal For the opposite party : Addl.P.P. 15.05.2013 Heard the learned counsel for the petitioners and the learned counsel for the State.
It is a case of misuse of privilege of bail.
it appears from impugned order that the petitioners had stopped taking steps from 11.11.2005. As a result, their bail bonds were cancelled and warrants of arrest were issued against them. Even after issuance of warrants of arrest and processes under sections 82/83 Cr.P.C. they did not appear and finally they have been declared absconder on 3.8.2007. Petitioners are in custody since two months.
It is submitted that it is a case of paddy theft. Petitioners were on bail and they were appearing before the court below since 1998 to 2005, but trial could not be concluded. Petitioners have been sufficiently punished.
Learned counsel for the State has opposed the prayer. Considering above aspects of the matter, both 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, Bermo at Tenughat, in connection with Jaridih PS case No. 81 of 1998 ( GR No. 830 of 1998) on the condition that they shall remain physically present before the learned court below on each and every date falling within next six months and no representation will be allowed without valid ground and that too, to the satisfaction of the trial court.
The trial court is directed to conclude the trial at the earliest opportunity available, preferably within six months.
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.. of 201
............... .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr.
For the opposite party : Addl.P.P.
15.05.2013 Heard the learned counsel for the petitioner and the
learned counsel for the State.
Petitioner is accused in connection with ........... case No. ............. for the offence registered under sections .......... of the Indian Penal Code.
It reveals from ................
It is submitted that .....................
Learned counsel for the State has opposed the prayer. Considering above aspects of the matter, 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 ................. in connection with .........case No. .................
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.. of 201
............... .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr.
For the opposite party : Addl.P.P.
14.05.2013 Heard the learned counsel for the petitioner and the
learned counsel for the State.
Petitioner is accused in connection with ........... case No. ............. for the offence registered under sections .......... of the Indian Penal Code.
It reveals from ................
It is submitted that .....................
Learned counsel for the State has opposed the prayer. Considering above aspects of the matter, 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 ................. in connection with .........case No. .................
Ambastha/- ( D.N.Upadhyay,J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.. of 201
............... .... Petitioner(s)
Versus
State of Jharkhand ... Opposite Party
Coram : HON'BLE MR. JUSTICE D.N.UPADHYAY
For the petitioner (s): Mr.
For the opposite party : Addl.P.P.
14.05.2013 Heard the learned counsel for the petitioner and the
learned counsel for the State.
Petitioner is accused in connection with ........... case No. ............. for the offence registered under sections .......... of the Indian Penal Code.
It reveals from ................
It is submitted that .....................
Learned counsel for the State has opposed the prayer. Considering above aspects of the matter, 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 ................. in connection with .........case No. .................
Ambastha/- ( D.N.Upadhyay,J.)