Jharkhand High Court
Ram Keshwar Munda And Ors vs The State Of Jharkhand on 6 November, 2017
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.5921 of 2017
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1. Ram Keshwar Munda
2. Rajendra Ram
3. Pawan Karmali
4. Anil Nayak
5. Rakesh Sahu
6. Chhotu Karmali
7. Raj Kishore Munda
8. Krishna Sao (Manager)
9. Bharat Karmali .... .... .... Petitioners
Versus
The State of Jharkhand .... .... ....Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mrs. Vandana Singh, Advocate
For the State : Addl.P.P.
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04/06.11.2017Apprehending their arrest in connection with Rail Barkakana P.S. Case No.06 of 2017 corresponding to G.R. No.1176 of 2017 instituted under Sections 147, 148, 149, 341, 342, 323, 324, 307, 448, 452, 379, 504, 506, 427 & 387 of the Indian Penal Code and Section 27 of Arms Act & Section 147 & 174 of Railway Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Heard learned counsel appearing for the petitioners and learned Addl.P.P. appearing for the State.
Learned counsel appearing for the petitioners submitted that the allegation against the petitioners is that the petitioners along with co-accused person namely Chhotelal Karmali was demanding Rs.40,000/- as ransom from the informant who was an authorized person for lifting goods from railway site. On the date of occurrence, the petitioner along with co-accused persons assaulted Sukhdeo Yadav, Rajendra Yadav, Pradeep Yadav, Gopal Yadav, Ranjeet Yadav and Sanjay Prakash Yadav and also looted a cash of Rs.1,10,000/- which was kept for labourers. It is submitted that the allegations against the petitioner are all false. The main allegation is against Chhotelal Karmali. Drawing attention of this Court towards page-20 which is Annexure-2 of the brief, learned counsel for the petitioner submits that for the same occurrence, a counter-blast case has also been registered as Railbarkakana P.S. Case No.07 of 2017. It is lastly submitted that the petitioners are ready and willing to pay interim compensation of Rs.10,000/-(Rupees ten thousand) each in favour of the victims namely- Sukhdeo Yadav, Rajendra Yadav, Pradeep Yadav, Gopal Yadav, Ranjeet Yadav and Sanjay Prakash Yadav. Hence, the petitioners may be given the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned Rail Judicial Magistrate, Palamu within four weeks from today and in the event of their arrest or surrendering, the petitioners will be enlarged on bail on depositing Rs.10,000/- (Rupees ten thousand) each as interim compensation for the victims - Sukhdeo Yadav, Rajendra Yadav, Pradeep Yadav, Gopal Yadav, Ranjeet Yadav and Sanjay Prakash Yadav and on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount to the satisfaction of learned Rail Judicial Magistrate, Palamu in connection with Rail Barkakana P.S. Case No.06 of 2017 corresponding to G.R. No.1176 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
In case the petitioners deposit the ad interim victim compensation amount of Rs.10,000/- (Rupees ten thousand) each, the court below is directed to issue notice to the victims namely- Sukhdeo Yadav, Rajendra Yadav, Pradeep Yadav, Gopal Yadav, Ranjeet Yadav and Sanjay Prakash Yadav and on their identification, the court below shall release the aforesaid amount equally in their favour forthwith.
Animesh (Anil Kumar Choudhary, J.)