Sachchidanand Singh vs The State Of Jharkhand And Others
2021 Latest Caselaw 3582 Jhar

            IN THE HIGH COURT OF JHARKHAND, RANCHI
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W.P.(Cr.) No. 240 of 2021

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1.Sachchidanand Singh

2.Anish Kumar

3.Sandhya Devi

4.Nitesh Kumar @ Nitesh Kumar Singh

5.Suchita Devi

6.Shital Devi

7.Angita Kumari ..... Petitioners

-- Versus --

The State of Jharkhand and Others ...... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners :- Mr. Ramawatar Choubey, Advocate For the State :- Mrs. Priya Shrestha, Spl.P.P

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4/23.09.2021 This petition has been heard through Video Conferencing in

view of the guidelines of the High Court taking into account the situation

arising due to COVID-19 pandemic.

The respondent State is directed to file counter affidavit

within four weeks.

The learned counsel for the petitioners submits that the

petitioners have earlier moved before this Court in A.B.A. No.4677/2021

whereby anticipatory bail has been allowed subject to deposit of cash of

Rs.10,000/- each by the petitioners, however, the petitioners have not

been able to deposit the said amount and they have not obtained the

privilege of bail in terms of the order dated 28.07.2021 passed in A.B.A.

No.4677/2021. He submits that earlier in the F.I.R. being numbered as

Chatra Sadar P.S.Case No.11/2021 was lodged on 19.01.2021 for the

same cause of action wherein it is stated that Manish Kumar confessed

that the pistol was given by one Sudhanshu Pandey. He submits that by

way of the second FIR being Chatra Sadar P.S.Case No.12/2021 of the

even date, the entire family has been implicated in the case. According to

him, when the first F.I.R. was lodged on the same day, there was no

need of lodging of second F.I.R against all the family members on the

even date. He submits that the entire family has been subsequently

implicated in the second F.I.R. He further submits that the case of the

petitioners is fully covered in view of the judgment of Hon'ble Supreme

Court in the case of T.T.Antony vs. State of Kerala and Others

reported in (2001) 6 SCC 181 and judgment of this Court rendered in

the case of Ramchandra Yadav and Others vs. The State of

Jharkhand reported in 2006 SCC Online Jhar 498.

In the light of the above facts, the respondent no.2-

Superintendent of Police, Chatra is directed to file counter affidavit within

four weeks.

Till the next date, no coercive action shall be taken against

the petitioners in connection with Chatra Sadar P.S.Case No.12 of 2021,

pending in the court of learned C.J.M., Chatra.

Post the matter on 01.11.2021.

( Sanjay Kumar Dwivedi, J) SI/