Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2922 of 2025 ----- Hiralal Sarkar, aged about 48 years son of Shasti Chandra Sarkar, resident of Village Taranagar, Post Office, Illami, Police Station-Pakur, District Pakur, Jharkhand.
.......... Petitioner. -Versus- The State of Jharkhand
.......... Opp. Party. -----
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Manish Yadav, Advocate For the State : Mr. Shailendra Kr. Sinha, APP. -----
Order No.02
Date: 29th May, 2025
1. The petitioner apprehending his arrest in connection with Pakur (M) P.S. Case No.159 of 2024 registered under Sections 191(2), 191(3), 190, 333, 126(2), 127(2), 140(1), 115(2), 117(2), 109, 74, 76, 303(2), 351(2), 352 of BNS, 2023, has prayed for grant of anticipatory bail.
2.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. It has been alleged that on 17th July, 2024 at about 2.20 pm, 7 named accused persons including this petitioner, armed with different weapons, entered the informant’s in-laws house with criminal intention and started searching for his son Musharraf Sk. and when the informant tried to stop them, they abused and assaulted him by ‘lathi’ and ‘danda’ and also kidnapped his son from the house with intention to kill him. While kidnapping the informant’s son, when Angura Bibi came for his rescue, she was also assaulted by the accused persons due to which she sustained injuries on her stomach. They also outraged her modesty and snatched her gold chain and took away one mobile phone of Musharraf Sheikh. 3. It is further submitted that three F.I.R.s were instituted for the same occurrence i.e. (i) Pakur (Muffasil) P.S. Case No.158 of 2024 lodged by the Officer-in-charge of the said police
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station namely Sanjeev Kumar Jha, (ii) the present one i.e. Pakur (Muffasil) P.S. Case No.159 of 2024 lodged by Ish Mohammad Shekh and (iii) Pakur (Muffasil) P.S. Case No.160 of 2024 lodged by Tuktuki Karmakar-wife of co-accused Sujit Karmkar. The story made out in the written report by the informant is highly exaggerated. Otherwise also, there is general and omnibus allegation against all the accused persons. Moreover, the injuries sustained by the Musharraf Sheik and Angura Bibi have been found simple in nature. It is further submitted that the similarly situated co-accused persons namely Uttam Karmakar, Saptam Karmakar @ Saptam Karmkar and Rupchand Karmakar have already been granted anticipatory bail by this Court vide order dated 10.12.2024 in A.B.A. No. 7521 of 2024. The petitioner, however, undertakes to co-operate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail. 4. Learned A.P.P. opposes Learned A.P.P opposes the petitioner’s prayer for grant of anticipatory bail. 5. Having heard learned counsel for the parties and considering the materials available on record, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.
Accordingly, the petitioner, above named, in the event of his arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Pakur in connection with Pakur (M) P.S. Case No. 159 of 2024 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Rajesh Shankar, J.) Amar/Sandeep