Giridhari Das vs The State Of Jharkhand And Another .... ...
2024 Latest Caselaw 2585 Jhar

Jharkhand High Court

Giridhari Das vs The State Of Jharkhand And Another .... ... on 1 March, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                   IN THE HIGH COURT OF JHARKHAND, RANCHI
                            A.B.A. No. 10778 of 2022
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1.Giridhari Das

2.Umesh Das @ Umesh Kumar Das

3.Tinku Das .... Petitioners

-- Versus --

The State of Jharkhand and Another .... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners :- Mr. Pran Pranay, Advocate For the State :- Mrs. Priya Shrestha, Advocate

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3/01.03.2024 Heard the learned counsel for the petitioners as well as the learned counsel for the respondent State.

2. The petitioners are apprehending their arrest in connection with Complaint Case No.568 of 2018, for the offence registered under sections 323, 341, 380, 386, 504 IPC, pending in the court of learned Judicial Magistrate, Deoghar.

3. Learned counsel for the petitioners submits that the petitioners are innocent and there are land dispute between the parties and earlier also the case was lodged against the two of the petitioners being C.P.Case No.535 of 2014 in which they have faced the trial and acquitted by judgment dated 7.7.2022 contained in Annexure-3.

4. Learned State counsel as well as the learned counsel for the O.P.No.2 have opposed the prayer on the ground that allegations are there of taking away certain articles and threatening is there.

5. It appears that the learned court has not taken cognizance under the Arms Act and allegation is made that one of the petitioner has threatened by way of showing pistol and further it appears that there are land dispute between the parties and in one of the case the two of the petitioners have been acquitted, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioners.

6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Deoghar, in connection with Complaint Case No.568 of 2018, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

( Sanjay Kumar Dwivedi, J.) SI/