Jharkhand High Court
Jairam Mahato @ Jairam Kumar Mahato vs The State Of Jharkhand ..... Opp. Party on 17 February, 2024
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1830 of 2023
Jairam Mahato @ Jairam Kumar Mahato ..... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. Mahesh Tewari, Advocate.
For the State : Mr. Shree Prakash Jha, A.P.P.
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th
Order No. 03/Dated: 17 February, 2024
Heard learned counsel for the parties.
Apprehending his arrest in connection with Sindri P.S. Case No. 92 of 2022 instituted under Sections 147, 148, 149, 341, 323, 307, 353, 332, 333, 337, 393, 448, 427, 506 and 120-B of the Indian Penal Code and Section 27 of the Arms Act, the petitioner has moved to this Court for grant of privilege of anticipatory bail.
As per F.I.R. allegation against the petitioner is that many people had gathered in Baddaha Village within Baliapur-Sindri P.S. jurisdiction and are waiting for Jairam Mahto (petitioner) and had also gathered to attack the house of one Lakhi Singh. It is alleged that the mob attacked everyone who came on their way and also destroyed public property. When the police party intervened, the mob attacked them and deterred them from discharging their duties and also assaulted some of the members of the police party, due to which they sustained injuries.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is submitted that other similarly situated co-accused person has been granted anticipatory bail by this Court in A.B.A. No. 11228 of 2022 vide order dated 10.02.2023 and in A.B.A. No. 434 of 2023 vide order dated 14.02.2023. It is further submitted that petitioner undertakes to co-operate with the investigation of the case and will not indulge in tampering with prosecution evidence and will abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, it is submitted that the petitioner may be extended the privilege of anticipatory bail.
-2-Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and also the fact that the co-accused have been enlarged on bail, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1 st Class, Dhanbad in connection with Sindri P.S. Case No. 92 of 2022 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Pradeep Kumar Srivastava, J.) Sunil/