Mohan Rai Alias Mohan Kumar Rai vs The State Of Jharkhand on 9 October, 2017

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 7060 of 2017

Mohan Rai @ Mohan Kumar Ray … … Petitioner
versus
The State of Jharkhand … … Opp. Party

——–
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
——–
For the Petitioner : Mr. Arwind Kumar, Advocate,
For the State : Addl. P.P.
———
Order No. 04: Dated 09th October, 2017
The petitioner has been made accused in connection
with Chalkusa P.S. Case No. 07 of 2017 (G.R. Case No. 654 of 2017)
registered under Sections 366 A/376 of the Indian Penal Code and
section 04 of the POCSO Act.
Heard the parties.
Learned counsel for the petitioner submits that the
prosecutrix has recorded her statement u/s 164 of Cr.P.C. and a
certified copy of that is annexed at page 13 of the brief in which
she has not supported the allegation of rape against the petitioner.
It is further submitted that she has married with the petitioner and
that the allegations against the petitioner are false, therefore, the
petitioner may be released on bail.
The learned Addl. P.P. opposes the prayer for bail.
Considering the submissions of the counsel and the fact
as discussed above, I am of the opinion that this is a fit case where
the petitioner, named above, 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 Additional
Sessions Judge cum Special Judge, (POCSO) Hazaribag in
connection with Chalkusa P.S. Case No. 07 of 2017 (G.R. Case No.
654 of 2017).

(Anil Kumar Choudhary, J.)
MM
IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 7095 of 2017

Gudu Chaudhary @ Gudi Chaudhary
… … Petitioner
versus
The State of Jharkhand … … Opp. Party

——–
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
——–
For the Petitioner : Mr. S.K. Singh, Advocate
For the State : Addl. P.P.
———
Order No. 02: Dated 09th October, 2017
The petitioner has been made accused in connection
with Chainpur P.S. Case No. 113 of 2017 (G.R. Case No. 1187 of
2017) registered under Sections 302/34 of the Indian Penal Code.
Heard the parties.
Learned counsel for the petitioner submits that four
accused persons dragged the mother of the informant and
murdered her. It is further submitted that there is specific
allegation against the co-accused Parmeswar Choudhary of
assaulting on the head of the deceased. There is only general and
omnibus allegation against the petitioner. Co-accused persons
namely Rajendra Chaudhary vide order dated 18.05.2017 in B.A.
No. 9827 of 2014 and Nanhak Chaudhary vide order dated
17.09.2015

in B.A. No. 4790 of 2015 have been granted bail by
this Court, therefore, the petitioner may be released on bail.

The learned Addl. P.P. opposes the prayer for bail.
Considering the submissions of the counsel and the fact
as discussed above, I am of the opinion that this is a fit case where
the petitioner, named above, 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 Additional
Sessions Judge-III, Palamau in connection with Chainpur P.S. Case
No. 113 of 2017 (G.R. Case No. 1187 of 2017).

(Anil Kumar Choudhary, J.)
MM
IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 7220 of 2017

Dhananjay Kumar Agarwal … … Petitioner
versus
The State of Jharkhand … … Opp. Party

——–

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

——–

For the Petitioner : Mr. S.K. Singh, Advocate,
For the State : Addl. P.P.
———

Order No. 02: Dated 09th October, 2017
The petitioner has been made accused in connection
with Sadar Town P.S. Case No. 82 of 2017 (G.R. Case No. 741 of
2017) registered under Sections 379 of the Indian Penal Code.

Heard the parties.

Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. The petitioner is in custody
since 13.04.2017 as has been mentioned at para 10 of the brief.
The petitioner has been implicated in this case on the basis of
confessional statement of Rahul Kumar Thakur, who has been
granted bail by a Bench of this Court vide order dated 06.07.2017
in B.A. No. 5246 of 2017, therefore, the petitioner may be released
on bail.

The learned Addl. P.P. opposes the prayer for bail.
Considering the submissions of the counsel and the fact
as discussed above, I am of the opinion that this is a fit case where
the petitioner, named above, 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 C.J.M., Palamau
in connection with Sadar Town P.S. Case No. 82 of 2017 (G.R. Case
No. 741 of 2017).

(Anil Kumar Choudhary, J.)
MM
IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 7223 of 2017

Kamal Kumar Singh … … Petitioner
versus
The State of Jharkhand … … Opp. Party

——–

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

——–

For the Petitioner : Mr. Lalit Yadav, Advocate,
For the State : Addl. P.P.
———

Order No. 02: Dated 09th October, 2017
Learned counsel for the petitioner submits that earlier
the bail application of this petitioner rejected by the Court of
Hon’ble Mr. Justice H.C. Mishra.

Hence, the matter be placed before his lordship.
Registry is directed to place the matter before Hon’ble the
Acting Chief Justice for appropriate orders.

(Anil Kumar Choudhary, J.)
MM
IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 7225 of 2017

Kailash Yadav … … Petitioner
versus
The State of Jharkhand … … Opp. Party

——–

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

——–

For the Petitioner : Mr. Ashok Kumar, Advocate,
For the State : Addl. P.P.
———

Order No. 04: Dated 09th October, 2017
The petitioner has been made accused in connection
with Kaira P.S. Case No. 16 of 2015 (G.R. Case No. 308 of 2015)
registered under Sections 147/148/149/353/385/387/427/435/506
of the Indian Penal Code and 27 of Arms Act and section 17 of the
CLA Act.

Heard the parties.

Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. He has been implicated in this
case on the basis of confessional statement of co-accused namely
Barun Kumar Yadav @ Barun Yadav who has been granted bail by a
Bench of this Court vide order dated 05.09.2016 in B.A. No. 4663
of 2016. It is also submitted that the allegations against the
petitioner are false. The petitioner has been in custody since
11.04.2017 as has been mentioned in paragraph 7 of the brief;
therefore, the petitioner may be released on bail.

The learned Addl. P.P. opposes the prayer for bail.
Considering the submissions of the counsel and the fact
as discussed above, I am of the opinion that this is a fit case where
the petitioner, named above, 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 C.J.M.,
Lohardaga in connection with Kaira P.S. Case No. 16 of 2015 (G.R.
Case No. 308 of 2015).

(Anil Kumar Choudhary, J.)
MM
IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 7228 of 2017

Rahul Sao @ Rahul Kumar Sao @ Rabi Sao
… … Petitioner
versus
The State of Jharkhand … … Opp. Party

——–

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

——–

       For the Petitioner       :     Mr. Mahesh Tewari, Advocate
For the State : Addl. P.P.
---------

Order No. 02: Dated 09th October, 2017
The petitioner has been made accused in connection
with Chhatarpur P.S. Case No. 153 of 2015 (G.R. Case No. 1754 of
2015) registered under Sections 394 of the Indian Penal Code and
section 27 of the Arms Act.

Heard the parties.

Learned counsel for the petitioner submits that though
the final form has been submitted after completion of investigation
but the petitioner has not been put in T.I. Parade. It is also
submitted that the allegations against the petitioner are false. The
petitioner has been in custody since 20.07.2016 as mentioned in
paragraph 5 of the brief; therefore, the petitioner may be released
on bail.

The learned Addl. P.P. opposes the prayer for bail and
submits that charge has been framed against the petitioner on
19.04.2017 but no witness was examined till 28.07.2017.

Considering the submissions of the counsel and the fact
as discussed above, I am of the opinion that this is a fit case where
the petitioner, named above, 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, Palamau in connection with Chhatarpur P.S.
Case No. 153 of 2015 (G.R. Case No. 1754 of 2015).

(Anil Kumar Choudhary, J.)
MM

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