Jharkhand High Court
Prem Kumar Mishra vs The Union Of India Through Cbi ... ... on 5 March, 2020
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No. 1212 of 2020
Prem Kumar Mishra ... Petitioner
Versus
The Union of India through CBI ... Opposite Party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : M/s. R. S. Mazumar, Sr. Adv.
Rishu Ranhan, Adv.
For the CBI : Mr. B. K. Prasad, Adv.
04 / 05.03.2020Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with CBI, SC I, New Delhi P.S. case no. RC. SI 2019 S 0001 registered under Sections 302, 34 of the Indian Penal Code, section 27 of the Arms Act.
Learned senior counsel appearing for the petitioner submits that while the petitioner was posted as A.S.I. of Police in Piparwar Police Station, he got a fabricated complaint allegedly written by one Shahid. It is further alleged that the petitioner upon returning from patrolling intimated that he received a telephonic call that Raja @ Chand has robbed Khalasi of the truck and also fired upon the Khalasi of the truck. It is further alleged that in pursuance of the conspiracy with the co-accused persons, the petitioner reached the house of the Md. Jabbar and enquired from Md. Jabbar about his son Md. Salman @ Raja. The petitioner forcibly entered into the house of the Abdul Jabbar and the allegation that his son Md. Salman @ Raja was required to be interrogated and assaulted Md. Salman and beat him. It is also alleged that the petitioner was shouting "Sala ko goli maar do" and after five minutes later, the family members of Md. Salman heard the sound of three rounds of gun fire in a short interval and the petitioner along with other police personnel went away in the Scorpio vehicle. The motive for the occurrence alleged that the deceased was earlier sharing the extorted amount with the petitioner but later on he stopped sharing the booty. It is further submitted by learned senior counsel for the petitioner that admittedly the co-accused Ravi Ram is alleged to have shot at the deceased and Ravi Ram has also confessed of having killed Md. Salaman before one of his acquaintances and Ravi Ram used to accompany the co-accused Binod Kumar Singh always. It is next submitted by learned senior counsel for the petitioner, that the petitioner is still in the service of Jharkhand Government posted as A.S.I. , in-charge of Legal Section , office of Superintendent of Police, Chatra. It is next submitted that the petitioner has all along co-operated with the investigation of the case, hence, the CBI did not feel it necessary to arrest him during investigation of the case though he has all along attended his duty at various offices of Jharkhand Police. It is further submitted by learned counsel for the petitioner that the petitioner has been implicated in this case on the basis of surmises and presumptions and the petitioner has been carrying on services satisfactorily and he has unblemished service record and he has been rewarded at least on fifty occasions for his dedication in work rendered by him and the police party went to the place of occurrence to verify the complaint of extortion from the trucks and admittedly, one of the truck drivers sustained gunshot injury and admittedly the deceased was extorting money from truck drivers which makes false implication of the petitioner more probable keeping in view the meritorious service rendered by him. Hence it is submitted that the petitioner be given the privilege of anticipatory bail.
The learned counsel for the CBI on the other hand opposes the prayer for anticipatory bail of the petitioner.
Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of four weeks from the date of this order, the petitioner shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM-cum- special Judicial Magistrate, CBI cases, Ranchi in connection with CBI, SC I, New Delhi P.S. case no. RC. SI 2019 S 0001 subject to the condition that the petitioner will co-operate with the trial of the case and will appear before the trial court as and when the trial court directs him to remain present along with the other conditions laid down under section 438 (2) Cr. P.C. (ANIL KUMAR CHOUDHARY, J.) Smita/-