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Uttam Jha And Anr vs The State Of Jharkhand on 11 July, 2017

A.B. A. No. 3557 of 2017
1. Uttam Jha
2. Suresh Paswan … … Petitioners
The State of Jharkhand … … Opposite Party


For the Petitioners : Mr. Sanjay Prasad, Advocate
For the State : Addl. P.P.


Apprehending their arrest, the petitioners have moved this Court for
grant of privilege of anticipatory bail in connection with Chirkunda (Galfarbari)
P.S. Case No. 330 of 2015 (G.R. No. 5837 of 2015) registered under Sections
143,144,379,385,354,427,447,504,506 of the Indian Penal Code.

Heard the parties.

Learned counsel for the petitioners submits that the allegation made
against the petitioners is not specific. It is submitted that the petitioners have
been falsely implicated in this case. The offence under section 354 IPC is
attracted against the co-accused Rajesh Rawani and not these petitioners. It is
further submitted that co-accused-Vicky Bauri, Budha Bauri, Pratap Karmakar,
Tapan Bauri and Teni Rawanit have already been given the privilege of
anticipatory bail by this Court in A.B.A. No. 1175 of 2017 and the case of these
petitioners stand on similar footing as that of the said co-accused and,
therefore, these petitioners be also given the same privilege.

However, learned Addl. P.P. opposes the prayer for anticipatory bail
but conceded that the co-accused persons whose case stand on similar
footing have been granted anticipatory bail by this court.

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 petitioners, named
above, be admitted to anticipatory bail. Hence, in the event of their arrest or
surrender within a period of four weeks from the date of this order, they shall 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 C.J.M., Dhanbad in connection with Chirkunda (Galfarbari) P.S. Case
No. 330 of 2015 (G.R. No. 5837 of 2015), subject to the conditions laid down
under section 438 (2) Cr. P.C.

AKT (Anil Kumar Choudhary, J.)

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