Anil Tiwari vs The State Of Jharkhand
2021 Latest Caselaw 4880 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               B.A. No.13945 of 2021
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         Anil Tiwari                                           ...    Petitioner
                                      -Versus-
         The State of Jharkhand                                ...     Opposite Party
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         CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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         For the Petitioner              : Mr. Manoj Kr. No.2, Advocate
         For the State                   : Mrs. Ruby Pandey, A.P.P.
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         Order No.03                                            Dated 16th December, 2021

Defect no.9 no.(ii), as pointed out by the office, is ignored. So far as rest defects are concerned, learned counsel for the petitioner undertakes to remove the same within a period of two week from today.

Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is an accused in connection with S.T No.329 of 2019 arising out of Chainpur P.S Case No.162 of 2003 corresponding to G.R No.1728 of 2003 for the offence registered under Sections 147, 148, 149, 341, 342, 323, 324, 325, 307, 353, 332, 333, 354, 452, 504 and 379 of the Indian Penal Code.

It is submitted that the petitioner is innocent. It is further submitted the petitioner is not a Member of banned organization. It is further submitted that ten co-accused persons namely, Shrawan Prajapati, Bachan Yadav, Sarafraj Alam, Upendra Chandravanshi, Suresh Chaudhary, Suresh Chaudhary, Ram Lal Prasad, Gaurav Chaudhary, Ashok Ram, Raj Kumar Paswan and Shiv Kumar Paswan have been acquitted by the learned Court below in S.T Case No.81 of 2009 on 26.05.2016. It is further submitted that the petitioner has been remanded on 07.09.2019 and charges have been framed against him and hence, he may be enlarged on bail.

On the other hand, learned Additional P.P has opposed the prayer for bail and has further submitted that the petitioner is Member of banned organization and he has got criminal antecedents.

Perused the F.I.R and the impugned order passed by the learned Court below and the judgment passed by the learned Trial Court in S.T No.81 of 2009 on 26.05.2016.

It appears from the FIR that the petitioner along with other co-accused persons were alleged to have assaulted the informant and his family members and causing injuries to some persons. It also appears that ten co-accused persons namely, Shrawan Prajapati, Bachan Yadav, Sarafraj Alam, Upendra Chandravanshi, Suresh Chaudhary, Suresh Chaudhary, Ram Lal Prasad, Gaurav Chaudhary, Ashok Ram, Raj Kumar Paswan and Shiv Kumar Paswan have been acquitted by the learned Court below in S.T Case No.81 of 2009 on 26.05.2016. It would appear from the FIR that oc-accused Birbal Prajapati had assaulted the informant by Gadasa due to which, he had sustained the injuries.

Considering the period of custody of the petitioner, the petitioner, named above, is directed to 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-VIII, Palamau at Daltonganj in connection with S.T No.329 of 2019 arising out of Chainpur P.S Case No.162 of 2003 corresponding to G.R No.1728 of 2003, subject to the condition that one of the bailors must be close/own relative of the petitioner.

(Sanjay Prasad, J.) Raja/-